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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


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                                    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. ]




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