Bombay High Court
RANGNATH DASHRATH VAKALEversusTHE STATE OF MAHARASHTRA THR. COLLECTOR PARBHANI AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The delay of 3,404 days in filing the appeal is condoned, subject to the petitioner’s undertaking not to claim any statutory benefit or interest for the period of delay.
Summary
The petitioner, Rangnath Dashrath Vakale, filed a civil application seeking condonation of a 3,404‑day delay in filing an appeal against the State of Maharashtra and others. The respondents were served, with the State appearing through its Additional Government Pleader, while one respondent did not appear. The court examined the explanation for the delay provided by the petitioner's counsel and found it satisfactory, emphasizing that filing an appeal is a statutory right. Consequently, the court condoned the delay on the condition that the petitioner furnish an undertaking within four weeks not to claim any statutory benefit or interest for the period of delay. The application was therefore allowed as per the prayer clause. The judgment underscores the court’s discretion to condone procedural delays when justified, while imposing safeguards against undue advantage.
Issues considered
- Whether a delay of 3,404 days in filing an appeal can be condoned under the law
- Whether the statutory right to appeal can be exercised despite such a delay
- Whether the petitioner should be barred from claiming interest or statutory benefits for the period of delay
Subjects
- condonation of delay
- appeal
- statutory right
- civil procedure
- interest
- undertaking
- high court
Judgment
2026:BHC-AUG:38359
1 936-CA-8757-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
936 CIVIL APPLICATION NO. 8757 OF 2024
IN FAST/17243/2024
Rangnath Dashrath Vakale
VERSUS
The State Of Maharashtra Thr. Collector Parbhani And Ors.
...
Mr. Kakde S.M. for the Applicant.
Ms. Preeti Diggikar, AGP for the State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. After issuing notice, the Respondents are served. The learned
AGP appears for Respondent Nos.1 and 2. Respondent No.3 though
served. Nobody has appeared for Respondent No.3.
2. This application is filed for condition of delay of 3404 days in
filing the Appeal, delay is explained in Paragraph No.5 of the Application.
Although the delay is huge. Considering the explanation tendered by the
learned Advocate for the Applicant for the delay, which is found to be
satisfactory, and further considering that filing of the Appeal is a statutory
right of the Applicant, the delay is condoned, subject to the condition that
the Claimant shall furnish an undertaking before the Registrar (Judicial)
of this Court, within a period of four weeks, stating that the Claimant
Sunny Thote
2 936-CA-8757-2024.odt
shall not claim or avail of any statutory benefit or interest for the period
of delay.
3. In view of the above, this Civil Application is allowed in term
of Prayer Clause (A).
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
Checking your session…