Bombay High Court
PADAMSING KHUMAN GIRASE DIED THR LRS BHATABAI PADAMSING GIRASE AND ORSversusTHE COLLECTOR DHULE COLLECTOR OFFICE, AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
Condonation of the 1,110‑day delay is granted conditionally, denying the petitioners any interest or statutory benefits for the delayed period and the lapses.
Summary
The petitioners, Padamsing Khuman Girase's heirs, applied for condonation of a 1,110‑day delay in filing an appeal against a decree of the Collector, Dhule. The court noted that there was no dispute over the facts of the application, which disclosed lapses by the petitioners from 19‑Oct‑2024 to 11‑Sep‑2025. The primary issue was whether the court could condone such a lengthy delay and, if so, what relief could be granted. The bench, after hearing the parties, granted condonation of the delay but imposed a condition that the petitioners would not be entitled to any interest or statutory benefits for the period of delay and the identified lapses. Consequently, the appeal was allowed conditionally, with the restriction on interest and benefits.
Issues considered
- Whether a delay of 1,110 days in preferring an appeal can be condoned under the law
- Whether the petitioners are entitled to interest and statutory benefits for the period of delay and the identified lapses
Subjects
- condonation of delay
- interest
- statutory benefits
- civil appeal
- High Court of Bombay
Judgment
2026:BHC-AUG:1967
77 CA 9657 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
77 CIVIL APPLICATION NO. 9657 OF 2025
IN FAST/21361/2025
PADAMSING KHUMAN GIRASE DIED THR LRS BHATABAI PADAMSING
GIRASE AND ORS
VERSUS
THE COLLECTOR DHULE COLLECTOR OFFICE, AND ORS
...
Advocate for Applicant : Mr. Sachin Bhalerao h/f Mr. Kale Ajeet B.
AGP for Respondent nos. 1 & 2 : Mr. S.V. Hange
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 17.01.2026
PER COURT :
The applicants seek condonation of delay of 1110 days in preferring
appeal. There is no contest to the averments of the application. It reveals
that there are lapses on the part of applicants from 19.10.2024 to
11.09.2025.
2. The delay stands condoned on condition that the appellants shall not
be entitled interest and statutory benefits for the delayed period as well as
for the period of lapses i.e. 19.10.2024 to 11.09.2025.
FIRST APPEAL
3. Admit. Learned A.G.P. waives service for respondent/State
4. Call for record and proceedings.
5. Print is dispensed with.
6. The appellants shall not be entitled interest and statutory benefits for
the delayed period as well as for the period of lapses i.e. 19.10.2024 to
11.09.2025.
( SHAILESH P. BRAHME, J.)
mkd/-
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