Allowed¶14

Mandakini Sarjerao Gadekar v. the State of Maharashtra through the Collector Jalna and Ors.

Bombay HC24 Nov 2025CA/4201/2024

Case brief

AI extract

What is this about?

Condonation of delay in filing first appeal - conditional condonation denying interest and statutory benefits for the delayed period caused by applicant's own lapses (uncirculated appeal from 31.01.2024 to 03.10.2024) - Civil Application allowed - first appeal admitted - Bombay High Court, Aurangabad Bench - single judge (Shailesh P. Brahme, J.) - order dated 24.11.2025 - no reply filed by contesting respondent - no malafides found.

What did the court decide?

Civil Application allowed and delay in filing the first appeal condoned, on condition that the applicant is not entitled to interest or statutory benefits for the period 31.01.2024 to 03.10.2024; first appeal admitted, notice waived by AGP for respondent nos. 1 and 2/State, Record and Proceeding called for, and printing dispensed with. ¶14

Mandakini Sarjerao Gadekar Vs the State of Maharashtra through the Collector Jalna and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the delay in preferring the first appeal (FAST/3417/2024) should be condoned, and on what conditions.

¶12

Court's answer

As the contesting respondent filed no reply, the averments of the application stand uncontradicted and there are no malafides on the part of the applicant in preferring the appeal belatedly; accordingly the delay stands condoned.

¶12

Ratio / Principle

The Court noted lapses by the applicant: the appeal filed on 31.01.2024 remained uncirculated till 03.10.2024, and those lapses are attributable to the applicant.

¶13

Key takeaways

Condonation of delay is made conditional: the applicant shall not be entitled to interest and statutory benefits for the delayed period and for the lapses, i.e. from 31.01.2024 to 03.10.2024.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Shailesh P. Brahme, J.), allowed Civil Application No. 4201 of 2024 in First Appeal (FAST) No. 3417/2024 filed by Mandakini Sarjerao Gadekar against the State of Maharashtra through the Collector, Jalna and others, and condoned the delay in preferring the appeal. The Court observed that the contesting respondent had filed no reply, the averments of the application were therefore uncontradicted, and there were no malafides in approaching the Court belatedly. However, noting that the appeal filed on 31.01.2024 had remained uncirculated until 03.10.2024 owing to lapses attributable to the applicant, condonation was granted subject to a condition: the applicant is not entitled to interest or statutory benefits for the delayed period (31.01.2024 to 03.10.2024). The first appeal was admitted; the learned AGP waived service for respondent nos. 1 and 2/State; the Court called for the Record and Proceeding and dispensed with printing.

Mandakini Sarjerao Gadekar v. the State of Maharashtra through the Collector Jalna and Ors.

Case brief

What is this about?

What did the court decide?

Mandakini Sarjerao Gadekar v. the State of Maharashtra through the Collector Jalna and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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