Bombay High Court
UPENDRA MANOHAR JADHAV.versusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the 3,477‑day delay in filing the first appeal, subject to an undertaking that no statutory benefits or interest will be claimed for the delayed period.
Summary
The applicant, Upendra Manohar Jadhav, filed a civil application seeking condonation of a 3,477‑day delay in filing his first appeal against a decree. The respondent State, represented by its 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 court therefore condoned the delay, imposing a condition that the applicant furnish an undertaking within three weeks that he will not claim any statutory benefits or interest for the period of delay. The application was thereafter disposed.
Issues considered
- Whether a delay of 3,477 days in filing a first appeal can be condoned under the Civil Procedure Code
- Whether the applicant may claim statutory benefits or interest for the period of delay if condonation is granted
Subjects
- condonation of delay
- first appeal
- Civil Procedure Code
- statutory benefits
- interest
- undertaking
Judgment
2026:BHC-AUG:41483
1 915-CA-8768-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CIVIL APPLICATION NO. 8768 OF 2026
IN FAST/22004/2026
Upendra Manohar Jadhav.
VERSUS
The State Of Maharashtra, Through Collector, Osmanabad.
...
Mr.Patil Shashikiran N. for the Applicant.
Ms.Preeti Diggikar, 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 3477 days in filing the First
Appeal.
2. Upon issuance of notice, the learned AGP appears for
Respondent No.1. 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 3477 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
2 915-CA-8768-2026.odt
3. In view of the above, the Civil Application stands disposed of.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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