Bombay High Court
BHASKAR SOPANRAO SOLANKEversusTHE STATE OF MAHARASHTRA THR DIST. COLLECTOR TAL AND DIST JALNA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay in filing the appeals, subject to an undertaking by the claimants not to claim statutory benefits or interest for the delayed period.
Summary
The claimants filed three civil applications seeking condonation of delay—1674, 1557 and 2036 days—in filing their first appeals against orders of the State of Maharashtra. The court examined the explanations offered by the applicants and found the delay to be neither intentional nor deliberate. The learned Advocate General appeared for the respondents. Relying on the satisfactory explanations, the court held that the delay warranted condonation. The applications were allowed subject to the claimants furnishing an undertaking that they would not claim any statutory benefit or interest for the period of delay, within four weeks. The applications were thereafter disposed.
Issues considered
- Whether the delay of 1674, 1557 and 2036 days in filing the first appeals can be condoned.
Subjects
- condonation of delay
- civil procedure
- appeals
- statutory benefit
- interest
- undertaking
Judgment
2026:BHC-AUG:42276
1 968,969&972..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
968 CIVIL APPLICATION NO. 8755 OF 2024
IN FAST/14353/2024
BHASKAR SOPANRAO SOLANKE
VERSUS
THE STATE OF MAHARASHTRA THR DIST. COLLECTOR TAL
AND DIST JALNA AND ORS
...
AND
969 CIVIL APPLICATION NO. 8771 OF 2024
IN FAST/14343/2024
PRAKASH SOPANRAO SOLANKE
VERSUS
THE STATE OF MAHARASHTRA THR DIST. COLLECTOR TAL
AND DIST JALNA
...
AND
972 CIVIL APPLICATION NO. 7479 OF 2025
IN FAST/10851/2025
SUNIL ASARAM JADHAV AND ANR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
JALNA AND ORS.
...
Advocate for Applicant : Mr. S. M. Kakde
AGP for Respondents : Ms. Preeti Diggikar
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 11th SEPTEMBER, 2026
2 968,969&972..odt
PER COURT :
1. All these Civil Applications has been filed by the Claimants
for condonation of delay of 1674, 1557 and 2036 days respectively, in
filing the Appeals.
2. The delay so occurred has been explained by the Applicants
satisfactorily. the delay is neither intentional nor deliberate.
3. Learned AGP appears for all the Respondents.
4. In view of the explanation given by the Applicants, the delay
occurred in filing the First Appeals deserves to be condoned.
5. Civil Applications are allowed in terms of prayer clause 'A'
subject to the condition that the Claimants / Applicants shall furnish an
undertaking to the Registrar (Judicial), of this Court that they will not
claim any statutory benefit and interest during the period of delay that has
been occurred in filing the Appeals, within a period of four weeks.
6. Civil Application stands disposed of.
( MANJUSHA DESHPANDE, J. )
SPC
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