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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