Bombay High Court

PRAKASH SOPANRAO SOLANKEversusTHE STATE OF MAHARASHTRA THR DIST. COLLECTOR TAL AND DIST JALNA

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the first appeals, subject to an undertaking by the petitioners not to claim statutory benefits or interest for the delayed period.

Summary

The petitioners filed three civil applications seeking condonation of substantial delays—1,674, 1,557 and 2,036 days—in filing their first appeals against orders of the State of Maharashtra. The court examined the explanations offered, finding them satisfactory and concluding that the delays were neither intentional nor deliberate. Accordingly, the court held that the delays merit condonation. The applications were allowed on the condition that the petitioners execute an undertaking not to claim any statutory benefit or interest for the period of delay. The court ordered the petitioners to furnish the undertaking within four weeks and disposed of the applications.

Issues considered

Whether the delay of 1,674, 1,557 and 2,036 days in filing the first appeals can be condoned under the law?

Subjects

condonation of delay
civil procedure
appeal
statutory benefit
interest
undertaking

Judgment

                           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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