Bombay High Court

KAUSLYABAI SITARAM ZARWALversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The court allowed the application, condoning the delay, in line with its earlier decision in Civil Application No. 10621 of 2019.

Summary

In Civil Application No. 8354 of 2023, Kauslyabai Sitara Zarwal sought relief against the State of Maharashtra and others. The applicant’s counsel, Mr. Vitthal B. Wayal, argued for condonation of delay in filing the application. The court noted that in a similar matter, Civil Application No. 10621 of 2019, it had previously condoned delay. Relying on that precedent, the judge held that the present application should likewise be allowed as per prayer Clause (B). Consequently, the court granted the relief sought by the applicant.

Issues considered

Whether the delay in filing the civil application can be condoned
Whether the relief sought in prayer Clause (B) should be granted

Subjects

civil procedure
condonation of delay
high court
application
precedent

Judgment

2026:BHC-AUG:12248
                                           (1)                     969-wp-8354-2023.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 8354 OF 2023
                                         IN FAST/16354/2016

                                KAUSLYABAI SITARAM ZARWAL
                                            VERSUS
                          THE STATE OF MAHARASHTRA AND ANR
                                               ...
               Mr. Vitthal B. Wayal, Advocate for Applicant.
               Mr. S. P. Joshi, AGP for Respondents-State.
                                               ...
                                         CORAM : S. G. CHAPALGAONKAR, J.
                                         DATED : 18th MARCH, 2026.
               P.C.:-

               1.      Heard learned Advocate appearing for applicant and learned
               AGP.


               2.      This Court in Civil Application No.10621 of 2019, on similar
               set of facts has condoned delay.      Hence, for reasons stated in
               present Civil Application same is allowed in terms of prayer Clause
               (B).

                                                     (S. G. CHAPALGAONKAR)
                                                              JUDGE
               Devendra/March-2026

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