1 34 CAF 2894.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.2894 OF 2026 IN FIRST APPEAL ST. NO.13807 OF 2026 [Sanjay s/o Narayandas Lahoti .vs. The State of Maharashtra and othes] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S. Tembhare, Advocate for Applicant. Mr. M.A. Kadu, AGP for Respondent Nos.1 and 2. Ms. Mugdha Chandurkar, Advocate for Respondent No.3. ………… CORAM : PRAVIN S. PATIL, J. DATE : 27-08-2026. 1. By this application, the applicant is seeking the condonation of 5965 days caused in filing the appeal before this court. 2. This court has noticed in various matters that while condoning such huge delay, it is always found that the record of the reference court is not remain available. Therefore, appellant was directed to file the affidavit to state, as to whether, the relevant record on which he kept reliance is available or not. Accordingly, the appellant has filed the affidavit dated 30.07.2026 stating that all the record is available before the reference court. 3. The appellant has voluntarily stated that in case his appeal is registered and considered on merits by this court and if amount is enhanced or claimed by him in future, he will not claim the interest for 5965 days caused in filing the appeal before this court. 2026:BHC-NAG:11192 2 34 CAF 2894.26.odt 4. The learned counsel for the respondents, however, strongly opposed the present application. According to them, the delay is a huge, without giving any sufficient reasons in the matter, such delay cannot be condoned merely because the appellant is ready to waive the interest for the period of the delay which he caused in the matter. 5. Appellant has relied upon the judgments of the Hon’ble Supreme Court of India in the case of Dhiraj Singh (Dead) through Legal Representatives and others .vs. State of Haryana and others, reported in (2014) 14 SCC 127 and Imratlal and others .vs. Land Acquisition Collector and others, reported in (2014) 14 SCC 133, the delay caused in filing the appeal can be condoned, if the claimant is directed to not claim any interest for the period of delay caused in filing the appeal. 6. Relying upon the judgments of the Hon’ble Supreme Court of India in the present matter, the delay of 5965 days is hereby condoned. The office is directed to register the appeal. 7. List the matter for further consideration after registration of appeal. (PRAVIN S. PATIL, J.) Gulande Signed by: A.S. GULANDE Designation: Senior Pvt. Secretary Date: 27/08/2026 20:12:54