Allowed

Babarao Chapla Rathod (Died) Thr Lrs Ranjit B. Rathod and Ors. v. State of Maharashtra Thr the Collector, Jalna and Ors.

Bombay HC5 Oct 2017CA/3435/2017

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Aurangabad Bench allowed the applicants' application for condonation of a 3022-day delay in filing a First Appeal. While noting applicant negligence, the court condoned the delay citing prior judicial observations on bona fides, subject to the condition that applicants forfeit interest and statutory benefits for the delayed period.

What did the court decide?

Condonation of 3022 days delay in filing First Appeal, conditioned on waiver of interest and statutory benefits for that period.

Babarao Chapla Rathod (Died) Thr Lrs Ranjit B… — Civil Procedure and Limitation | Bombay HC (2017)

¶1

ca3435.17

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

¶4

CIVIL APPLICATION NO. 3435 OF 2017 IN

¶5

FAST/3271/2017

¶6

BABARAO CHAPLA RATHOD (DIED) THR LRS RANJIT B.

¶7

RATHODAND ORS

¶8

VERSUS

¶9

STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS

¶10

...

¶11

Advocate for Applicants : D.A. Bide
AGP for Respondents 1 and 2 : Mr. S.S.Dande
Adv. For resp. no.3 : Mr. S.G.Bhalerao

¶12

.....

¶13

CORAM : K.L.WADANE, J. DATED : 5th October, 2017

¶14

O R D E R :

¶15

This is an application filed by the
applicants/appellants for condonation of delay of 3022
days caused in filing First Appeal.

¶16

2.Heard learned counsel for the applicants.

¶17

3.On perusal of the application, it appears that
the applicants are poor and the acquired land was the
only source of their income and on receiving the amount
they applied for certified copies and immediately filed

¶18

appeal. However, the inaction and/or negligence on the
part of applicant to some extent, is responsible for
causing such inordinate delay.

¶19

4.Learned A.G.P. for the respondent/State and

¶20

2ca3435.17

¶21

learned counsel for acquiring body strongly resisted
the application on the ground that the delay has not
been explained satisfactorily. In the alternate, they
submit that delay may be condoned on the condition that
if the applicants succeed in the appeal, the applicants
shall not be entitled for the amount of interest and/or
other statutory benefits of the period for which delay
is sought to be condoned.

¶22

5.In view of above and in the light of

¶23

observations made by the Supreme Court in para 14 of
the judgment in the case of Ramanlal Deochand Shah vs
State of Maharashtra and another, reported in AIR 2013
SC 3452, Civil Application for condonation of delay is
allowed. Delay in filing the appeal is hereby condoned
on the condition that the applicants shall not be
entitled for the amount of interest and/or other
statutory benefits of the period for which delay is
sought to be condoned.

¶24

6.Civil Application is disposed of.

¶25

 (K.L.WADANE, J.)

¶26

dbm

Babarao Chapla Rathod (Died) Thr Lrs Ranjit B. Rathod and Ors. v. State of Maharashtra Thr the Collector, Jalna and Ors.

Case brief

What is this about?

What did the court decide?

Babarao Chapla Rathod (Died) Thr Lrs Ranjit B. Rathod and Ors. v. State of Maharashtra Thr the Collector, Jalna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shaikh Sheru S/O Shaikh Bashir and Another Vs Ayesha Begam W/O Abdul Qadeer Patel and Others

The State of Maharashtra and Anr. Vs Murlidhar Baba Bankar and Anr.

Govind Vitthal Ghaiwat Vs the State of Maharashtra and Anr.

National Insurance Co. Ltd. Vs Mamta Jitendra Joshi and Ors.

Shakirkha Jahangirkha Pathan and Ors. Vs the Oriental Insurance Company Latd. Thr Its Senior Divisional Manager, Aurangabad and Ors.

Parvatibai Ramchandra Deshmukh and Others Vs the New India Assurance Co. Ltd. and Ors.