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Bombay High Court

SUBHASH S/O MANIKRAO MOREversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The delay is condoned subject to the claimants' undertaking not to claim any interest or statutory benefits for the delayed period.

Summary

The applicants filed civil applications seeking condonation of a 1,044‑day delay in filing their first appeals against orders of the State of Maharashtra. The court noted that the applicants had been unable to file earlier due to poor financial condition and difficulty in arranging court fees and loans. The learned Advocate for the applicants offered to produce orders in similar matters on a later date. The court, after considering the explanation, condoned the delay on the condition that the claimants execute an undertaking not to claim any interest or statutory benefits for the delayed period within four weeks. Consequently, the civil applications were allowed and the first appeals were listed for hearing on 4 September 2026.

Issues considered

  • Whether a delay of 1,044 days in filing first appeals can be condoned under the Civil Procedure Code
  • Whether the claimants may be barred from claiming interest or statutory benefits for the period of delay

Subjects

  • condonation of delay
  • first appeal
  • Civil Procedure Code
  • interest
  • statutory benefits
  • undertaking
  • court fees
  • financial hardship

Judgment

2026:BHC-AUG:38294
                                                1                        919-TO-922-CA-7874-2025.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  919 CIVIL APPLICATION NO. 7874 OF 2025
                                             IN FAST/11893/2025

                                     Arjun So Sarjerao Munjwar
                                              VERSUS
                    The State Of Maharashtra Through The Collector Jalna And Ors.
                                                    AND
                                  920 CIVIL APPLICATION NO. 7886 OF 2025
                                             IN FAST/11890/2025

                                            Vijay Ramdas Munjwar
                                                   VERSUS
                                     The State Of Maharashtra And Others
                                                    AND
                                  921 CIVIL APPLICATION NO. 8222 OF 2025
                                             IN FAST/11874/2025

                                         Neelawatibai Natha Munjavar
                                                   VERSUS
                           The State Of Maharashtra, Thr The Collector, Jalna And Ors
                                                    AND
                                  922 CIVIL APPLICATION NO. 8290 OF 2025
                                             IN FAST/11888/2025

                                     Subhash S/o Manikrao More
                                               VERSUS
                                  The State Of Maharashtra And Ors.
                                                  ...
             Mr. Kakde S. M. for the Applicants.
             Dr. Kalpalata Patil Bharaswadkar, AGP for the State in WP/7874/2025.
             Ms. Vaishali Chaudhari, AGP for the State in WP/7886/2025.
             Ms. Preeti Diggikar, AGP for the State in WP/8222/2025.
             Ms. Meenakshi Sangit, AGP for the State in WP/8290/2025.
                                                  ...

                                         CORAM        : MANJUSHA DESHPANDE, J.
                                         DATE         : 21.08.2026


             Sunny Thote
                               2                       919-TO-922-CA-7874-2025.odt


PER COURT :


1.            The office remarks shows that the relevant documents are

not filed till today as per order dated 8 th June, 2026. The learned

Advocate for the Applicants submits that he was supposed to tender the

orders passed in similar matter and he will place those matters on record

on the next date.

2.            In the meanwhile, so far as the applications of condonation

of delay are concerned, the learned AGPs appear for all the Respondents,

hence the applications can be heard and decided. In all these

applications, the delay in filing the applications is of 1044 days. The

reason for delay is mentioned in Paragraph No.5, which states about the

poor financial condition of the claimants and the efforts required to be

taken by the claiminats by making arrangement of payment of Court fees

and arranging for the loans.

3.            In view of the explanation offered by the Applicants, the

delay occurred in filing the First Appeals deserves to be condoned, subject

to condition that the claimants shall furnish an undertaking to this Court

that they will not claim any interest and or statutory benefits for the

delayed period, within a period of four weeks from the date of this order.

4.            The Civil Applications are allowed in terms of Prayer Clause

[A].




Sunny Thote
                               3                         919-TO-922-CA-7874-2025.odt


5.            As such, list the First Appeals on 4th September, 2026.



                                           [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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