Bombay High Court

SUPDU VISHNU JADHAV (DECEASED HIS LEGAL HEIRS) KISHOR AND OTHERS.versusTHE COLLECTOR JALGOAN AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and allowed the cross‑objection to be registered.

Summary

The applicants, heirs of the deceased Supdu Vishnu Jadhav, filed a civil application seeking condonation of a 1,538‑day delay in filing a cross‑objection to enhance compensation. They argued that they possessed a statutory right to seek higher compensation and therefore required an opportunity to be heard. The respondents, including the Collector Jalgaon and the State, were represented by an Additional Government Pleader and counsel for other respondents. The Court examined the reasons for the delay as set out in the application and, applying principles of equity and procedural fairness, decided to condone the delay. Consequently, the Court allowed the application, registered the cross‑objection, but clarified that the applicants would not be entitled to interest or statutory benefits for the period of delay.

Issues considered

Whether a delay of 1,538 days in filing a cross‑objection can be condoned under civil procedure law.

Subjects

condonation of delay
cross objection
civil procedure
statutory compensation
interest entitlement
Bombay High Court
Aurangabad Bench

Judgment

2026:BHC-AUG:41274

                                                       1
                                                                       944-ca-10143-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10143 OF 2026
                                          IN X-OBJST/19709/2026

                      Supdu Vishnu Jadhav (deceased His Legal Heirs) Kishor And
                                                Others.
                                               VERSUS
                                    The Collector Jalgoan And Ors.
                                                   ...
                     Ms. Renuka Pawar h/f Mr. V. P. Patil, Advocate for Applicants
                     Mr. S. P. Sonpawale, AGP for Respondent-State
                     Mr. A. D. Pawar, Advocate for Respondent nos.3 and 4
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         This application is filed for condonation of delay caused

                     in filing the Cross Objection.

                     2.        It is submitted by learned Advocate for the applicants

                     that the reasons seeking condonation of delay have been

                     stated in the application. It is further submitted that the

                     applicants have a statutory right to seek enhancement of

                     compensation and for that an opportunity needs to be given to

                     them by condoning the delay and hearing them in the Cross

                     Objection.

                     3.        Mr. A. D. Pawar, learned Advocate for respondent nos.3

                     and 4 and learned AGP for respondent State would pray to

                     pass appropriate orders.
                                   2
                                                     944-ca-10143-2026

4.      Considering that this application is filed in Cross

Objection by the claimants, I deem it appropriate to allow the

application condoning the delay caused in filing the Cross

Objection. Hence, considering the reasons justifying the delay

as stated in the application and for the reasons recorded

above, I pass following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    The delay of 1538 days caused in filing the
        Cross Objection stands condoned.
        c.       Cross-Objection be registered.
        d.     It is made clear that the applicants shall not
        be entitled for the interest and statutory benefits
        for the period of delay.
        e.       Civil Application stands allowed.

CROSS OBJECTION ST. NO.19709 OF 2026
.       Issue notice to the respondents. Learned AGP waives

service of notice for respondent nos.1 and 2. Learned

Advocate Mr. A. D. Pawar waives service of notice for

respondent nos.3 and 4.

2.      Cross Objection be listed alongwith the First Appeal.



                                       ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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