Bombay High Court

NIMBA SHRVAN NHAVI.versusTHE COLLECTOR JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 1,538‑day delay and permitted the cross‑objection, but held that the applicant is not entitled to interest or statutory benefits for the delayed period.

Summary

The applicant, Nimba Shrvan Nhavi, filed a civil application seeking condonation of a 1,538‑day delay in filing a cross‑objection against the Collector, Jalgaon and others. The applicant argued that a statutory right to enhanced compensation required the cross‑objection to be heard, and therefore the delay should be condoned. The respondents opposed the condonation, but the court considered the reasons provided for the delay. Justice Ajit B. Kadethankar allowed the application, condoning the delay and ordering the cross‑objection to be registered, while expressly denying any entitlement to interest or statutory benefits for the period of delay. The cross‑objection was directed to be listed along with the first appeal.

Issues considered

Whether a delay of 1,538 days in filing a cross‑objection can be condoned under civil procedure law
Whether the applicant is entitled to interest and statutory benefits for the period of delay after condonation

Subjects

condonation of delay
cross objection
civil procedure
interest entitlement
statutory benefits

Judgment

2026:BHC-AUG:41277

                                                       1
                                                                       946-ca-10162-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10162 OF 2026
                                          IN X-OBJST/20339/2026

                                         Nimba Shrvan Nhavi.
                                               VERSUS
                                    The Collector Jalgaon And Ors.
                                                   ...
                     Ms. Renuka Pawar h/f Mr. V. P. Patil, Advocate for Applicant
                     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 applicant

                     that the reasons seeking condonation of delay have been

                     stated in the application. It is further submitted that the

                     applicant has 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
                                                     946-ca-10162-2026

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 applicant shall not
        be entitled for the interest and statutory benefits
        for the period of delay.
        e.       Civil Application stands allowed.

CROSS OBJECTION ST. NO.20339 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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