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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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