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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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