Bombay High Court

BABASAHEB S/O KUNDLIK KAKADEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay is condoned subject to the condition that the claimant shall not claim any statutory benefit or interest for the delayed period.

Summary

The petitioner, Babasaheb Kakade, filed a civil application seeking condonation of a 2,947‑day delay in filing an appeal against the State of Maharashtra. The court noted that Respondent No. 3 was served but did not appear, and the notice was waived for Respondents 1, 2 and 4. The petitioner’s reasons for the delay were set out in paragraphs 4 and 5 of the application. The bench held that the delay could be condoned provided the petitioner undertook not to claim any statutory benefit or interest for the period of delay. Upon giving such undertaking to the Registrar, the court ordered the delay to be condoned and disposed of the application.

Issues considered

Whether a delay of 2,947 days in filing an appeal can be condoned under the Civil Procedure Code?
Whether the petitioner may claim statutory benefits and interest for the period of delay if condonation is granted?

Subjects

condonation of delay
civil procedure
appeal
statutory benefit
interest
High Court

Judgment

2026:BHC-AUG:40840


                                                  1                       1065.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 8479 OF 2025
                                           IN
                                     FAST/16006/2025
                             BABASAHEB S/O KUNDLIK KAKADE

                                              VERSUS

               THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
                                 JALNA AND ORS

                                                 ...
                      Advocate for Applicant : Mr. Kakde Shubham Madhavrao
                     AGP for Respondent Nos. 1, 2 & 4 : Ms. Vaishali Chaudhari
                                                …

                                       CORAM : MANJUSHA DESHPANDE, J.

                                       DATE      : 03rd SEPTEMBER, 2026


              PER COURT :

              1.           This Civil Application is filed for condonation of delay of

              2947 days in filing the Appeal by the Claimants.


              2.           Respondent no. 3 is though served, none appears for him.

              Learned AGP waives notice for Respondent nos. 1, 2 and 4.


              3.           The reasons for delay in filing the Appeal has been

              appropriately explained in paragraph nos. 4 and 5 in the Civil

              Application. The delay is condoned subject to condition that the Claimant
                                    2                        1065.odt


shall not claim any statutory benefit and interest for the delayed period.

Upon such undertaking being given to the Registrar (Judicial) of this

Court, the delay stands condoned.


4.          Civil Application stands disposed of.




                                    ( MANJUSHA DESHPANDE, J. )




SPC

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