Bombay High Court
GAJRABAI W/O. MAHADEO KALSHETTY.versusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay of 5,833 days, subject to an undertaking that no statutory benefits or interest will be claimed for the delayed period.
Summary
Gajrabai filed a civil application seeking condonation of a 5,833‑day delay in filing her first appeal against a decree of the State of Maharashtra. The respondent State, represented by an Additional Government Pleader, opposed the condonation. The applicant explained the reasons for the delay in paragraphs 2 and 3 of the application, and the court found the explanation satisfactory. The High Court therefore condoned the delay, imposing a condition that the applicant execute an undertaking within three weeks not to claim any statutory benefits or interest for the period of delay. The application was thereafter disposed.
Issues considered
- Whether a delay of 5,833 days in filing a first appeal can be condoned under the provisions of the Civil Procedure Code
Subjects
- condonation of delay
- first appeal
- civil procedure
- statutory benefits
- interest
- High Court of Bombay
Judgment
2026:BHC-AUG:41482
1 914-CA-8609-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
914 CIVIL APPLICATION NO. 8609 OF 2026
IN FAST/20928/2026
Gajrabai W/o. Mahadeo Kalshetty.
VERSUS
The State Of Maharashtra, Through Collector, Osmanabad And Anr.
...
Mr.Patil Shashikiran N. for the Applicant
Ms.Deepali Jape, AGP for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
1. This Application has been filed by the Applicant/original
claimant seeking condonation of delay of 5833 days in filing the First
Appeal.
2. Upon issuance of notice, the learned AGP appears for
Respondent Nos.1 and 2. The explanation for the delay has been set out
by the Applicant in Paragraph Nos.2 and 3 of the Application. The
explanation given by the Applicant appears to be satisfactory. Hence,
considering the explanation tendered by the Applicant, the delay of 5833
days in filing the First Appeal is condoned, subject to the Applicant
furnishing an undertaking to the satisfaction of the Registrar (Judicial) of
this Court, within a period of three weeks, that the Applicant shall not
claim any statutory benefits or interest for the delayed period.
Sunny Thote
2 914-CA-8609-2026.odt
3. In view of the above, the Civil Application stands disposed of.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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