Bombay High Court

BALVANTRAO MADHAVRAO PALVEversusTHE STATE OF MAHARASHTRA THR. THE COLLECTOR, JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The delay is condoned, but the petitioners are not entitled to interest or statutory benefits for the delayed period.

Summary

The petitioners filed several civil applications seeking condonation of delay in preferring first appeals against orders dated 19 August 2025. The applications were filed well beyond the prescribed period, with delays ranging from 444 to 1829 days. The State respondents contested the applications, arguing that the petitioners should not receive interest or statutory benefits for the delayed period. The Court examined the material particulars, found no malafide intent, and noted that the petitioners were willing to forgo interest and benefits. Consequently, the Court condoned the delay on the condition that the petitioners will not be entitled to any interest or statutory benefits for the period of delay or lapses. The applications for condonation were admitted, service of notice was waived, and the matter was ordered to be called for record from the concerned court.

Issues considered

Whether the delay in preferring first appeals can be condoned.
Whether the petitioners are entitled to interest and statutory benefits for the period of delay and lapses.

Subjects

condonation of delay
first appeal
interest
statutory benefits
civil procedure

Judgment

                   1           37-CA.8166-24 (37 to 41).odt



   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              BENCH AT AURANGABAD

        37 CIVIL APPLICATION NO. 8166 OF 2024
                  IN FAST/17199/2024
  PUNJARAM NARAYAN KORDE (DIED) THR LRS YOGESH
               PUNJARA KORDE AND ANR
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.
                       AND
        38 CIVIL APPLICATION NO. 8250 OF 2024
                  IN FAST/17214/2024
           BALAVANTRAO MADHVRAO PALVE
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.
                       AND
        39 CIVIL APPLICATION NO. 8271 OF 2024
                  IN FAST/17192/2024
              NAGORAO SADASHIV KORDE
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.
                       AND
       40 CIVIL APPLICATION NO. 8273 OF 2024
                 IN FAST/17208/2024
          BALVANTRAO MADHAVRAO PALVE
                       VERSUS
 THE STATE OF MAHARASHTRA THR. THE COLLECTOR,
                   JALNA AND ORS
                       AND
        41 CIVIL APPLICATION NO. 8274 OF 2024
                  IN FAST/17212/2024
              DATTATRAY KISANRAO PALVE
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.
                       AND
                            2               37-CA.8166-24 (37 to 41).odt



         CIVIL APPLICATION NO. 2639 OF 2025
                  IN FAST/1872/2025
    PATILBA TULSIRAM WAGHMARE (DIED) THR. LRS
                KOUSALYABAI AND ORS
                       VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                   JALNA AND ORS.
                              ...
        Advocate for Applicants in all : Mr. Kakde S. M.
     AGPs for Respondent/s-State : Mr. S. V. Hange, Mr. S. N.
            Morampalle, Mr. N. D. Raje, respectively.
                              ...

                            CORAM : SHAILESH P. BRAHME, J.
                            DATE : 23.01.2026

PER COURT :-


1.     Applicants seek to condone delay in preferring first

appeals.


2.     There are lapses on the part of the applicants also in

securing first order after filing of the applications. Applicants

are ready to forego interest and statutory benefits for the

delayed period.


3.     Following are the material particulars necessary to

decide the applications :


 Sr.    Civil Application No.   No. of   Date of Filing Date of 1st
 No.                            Days      application order date
                                Delay
 37         8166/2024            444     28/06/2024 19/08/2025
 38         8250/2024           1807     28/06/2024 19/08/2025
 39         8271/2024            759     28/06/2024 19/08/2025
 40         8273/2024           1829     28/06/2024 19/08/2025
                             3                 37-CA.8166-24 (37 to 41).odt



 41           8274/2024            1810   28/06/2024 19/08/2025
Not on        2639/2025             634   15/01/2025 19/08/2025
board



4.       The applications are contested by respondents. It is

submitted that applicants are not entitled to interest and

statutory benefits for the delayed period as well as period of

lapses.


5.       The averments of the applications have not been

controverted. There is no reason to infer any malafides. The

delay stands condone on condition that applicants shall not be

entitled to interest and statutory benefits for the delayed

period as well as period of lapses from the date of filing of

application to date of securing first order.


6.       Civil applications for delay are allowed.


First Appeals


7.       Admit.


8.       Learned   AGP    waives    service    of    notice     for   the

respondents/State Authorities.


9.       Call for Record and Proceedings from the concerned

Court.
                            4                 37-CA.8166-24 (37 to 41).odt



10.     Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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