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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

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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