Bombay High Court

MOUJAMKHAN OSMANKHAN PATHAN (SINCE DECEASED) THR LRS. SIDDIKHA AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and allowed the civil application.

Summary

The State of Maharashtra filed a first appeal against Harishchandra Irappa Kombade, while the claimants sought condonation of delay in filing a civil application (FA/ST) related to a property acquisition proceeding. The claimants argued that they lost valuable property and required the court's permission to file the delayed application. The State, represented by its AGP, opposed the condonation, stating no justifiable reason and warning of unnecessary interest payments. The High Court, noting the claimants' loss in the acquisition, allowed the civil application and condoned the delay, ordering the claimants to pay costs of Rs.3,500 to the Chief Minister Drought Relief Fund. The court also issued procedural directions for the first appeal, including notice issuance and de‑tagging of a related appeal.

Issues considered

Whether the court may condone the delay in filing the civil application for condonation of delay in the acquisition proceeding

Subjects

condonation of delay
civil application
property acquisition
cost order
procedural law
first appeal
High Court

Judgment

                    (1)                   906-FA-1467-2026




IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           BENCH AT AURANGABAD

     906 FIRST APPEAL NO. 1467 OF 2026

       The State Of Maharashtra And Ors
                    VERSUS
        Harishchandra Irappa Kombade.
                     WITH
       FIRST APPEAL NO. 4470 OF 2017
                     WITH
    CIVIL APPLICATION NO. 4671 OF 2012
               IN FA/1228/2015
                     WITH
        X-OBJECTION NO. 197 OF 2026
               IN FA/1480/2026
                     WITH
    CIVIL APPLICATION NO. 10002 OF 2018
              IN FAST/7011/2018
                     WITH
        X-OBJECTION NO. 187 OF 2026
               IN FA/1463/2026
                     WITH
       FIRST APPEAL NO. 1463 OF 2026
                     WITH
       FIRST APPEAL NO. 1473 OF 2026
                     WITH
        X-OBJECTION NO. 191 OF 2026
               IN FA/1470/2026
                     WITH
        X-OBJECTION NO. 192 OF 2026
               IN FA/1471/2026
                     WITH
        X-OBJECTION NO. 193 OF 2026
               IN FA/1472/2026
                     WITH
             (2)                906-FA-1467-2026




 X-OBJECTION NO. 194 OF 2026
       IN FA/1473/2026
            WITH
 X-OBJECTION NO. 195 OF 2026
       IN FA/1474/2026
            WITH
 X-OBJECTION NO. 196 OF 2026
       IN FA/1479/2026
            WITH
 X-OBJECTION NO. 198 OF 2026
       IN FA/1481/2026
            WITH
 X-OBJECTION NO. 199 OF 2026
       IN FA/1482/2026
            WITH
 X-OBJECTION NO. 188 OF 2026
       IN FA/1464/2026
            WITH
 X-OBJECTION NO. 189 OF 2026
       IN FA/1465/2026
            WITH
FIRST APPEAL NO. 1479 OF 2026
            WITH
 X-OBJECTION NO. 190 OF 2026
       IN FA/1466/2026
            WITH
 X-OBJECTION NO. 277 OF 2026
       IN FA/1228/2015
            WITH
 X-OBJECTION NO. 294 OF 2026
       IN FA/1468/2026
            WITH
 X-OBJECTION NO. 295 OF 2026
       IN FA/1469/2026
            WITH
 X-OBJECTION NO. 296 OF 2026
             (3)                906-FA-1467-2026




       IN FA/1467/2026
            WITH
FIRST APPEAL NO. 1228 OF 2015
            WITH
FIRST APPEAL NO. 1409 OF 2026
            WITH
FIRST APPEAL NO. 1464 OF 2026
            WITH
FIRST APPEAL NO. 1465 OF 2026
            WITH
FIRST APPEAL NO. 1466 OF 2026
            WITH
FIRST APPEAL NO. 1468 OF 2026
            WITH
FIRST APPEAL NO. 1469 OF 2026
            WITH
FIRST APPEAL NO. 1471 OF 2026
            WITH
FIRST APPEAL NO. 1472 OF 2026
            WITH
FIRST APPEAL NO. 1474 OF 2026
            WITH
FIRST APPEAL NO. 1475 OF 2026
            WITH
FIRST APPEAL NO. 1476 OF 2026
            WITH
FIRST APPEAL NO. 1477 OF 2026
            WITH
FIRST APPEAL NO. 1478 OF 2026
            WITH
FIRST APPEAL NO. 1480 OF 2026
            WITH
FIRST APPEAL NO. 1481 OF 2026
            WITH
FIRST APPEAL NO. 1470 OF 2026
            WITH
                                      (4)                   906-FA-1467-2026




                    FIRST APPEAL NO. 1482 OF 2026.
                                     ...
Mr. G. R. Syed, Advocate for Applicant.
Mr. R. K. Ashtekar, Advocate for Applicant.
Mr. L. C. Patil, Advocate for Appellant.
Mr. K. N. Lokhande, AGP for Respondent-State.
Mr. S. S. Manale, Advocate for Respondent.
Mr. R. P. Adgaonkar, Advocate for Respondent.

                                  CORAM : KISHORE C. SANT &
                                              JITENDRA JAIN, JJ.

                                  DATE      : 1st OCTOBER 2026.

PC :-

CIVIL APPLICATION NO.10002/2018

1.      This civil application is filed seeking condonation of delay caused

in filing the FA(ST)/7011/2018. It is stated in the application that the

applicants are the original claimants who lost their valuable property in

acquisition proceeding.

2.      Learned AGP vehemently opposed the application. He submits that

no justifiable reason is stated in the application. The State will have to

pay unnecessarily interest even for the delayed period. He thus prays for

dismissal of the civil application.

3.      Since the application is filed by claimants, who lost their valuable
                                          (5)                      906-FA-1467-2026




property in acquisition proceeding, this Court deem it appropriate to

allow the application. Civil Application is allowed, subject to payment of

costs of Rs.3,500/- to be paid within a period of two weeks from today

in the office of this Court. The office to remit the said amount to Chief

Minister Drought Relief Fund.

4.           Delay stands condoned. Office to register first appeal.

5.           Civil Application stands disposed off.

FIRST APPEAL

6.           Heard.

7.           Issue notice to the Respondents, returnable on 15/10/2026, in

urgent admissions category.

8.           Learned AGP waives service of notice for all respondents.

9.           AGP for verify whether the appeals are covered by the earlier

judgment, by way of last chance.

10.          First Appeal No. 1409/2026 be de-tagged.



     [JITENDRA JAIN, J.]                              [KISHORE C. SANT, J.]
D.A.ETHAPE

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