Bombay High Court

BEBI BHAGWAT PATIL.versusTHE COLLECTOR JALGAON DIST JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the cross‑objection but denied the applicant any interest or statutory benefits for the delayed period.

Summary

The applicant, Bebi Bhagwat Patil, filed a civil application seeking condonation of a 1,538‑day delay in filing a cross‑objection to obtain enhancement of compensation. The applicant argued that a statutory right to increased compensation existed and that the delay should be excused. The respondents, including the State and other parties, opposed the condonation. The bench, after considering the reasons for delay set out in the application, allowed the condonation but clarified that the applicant would not be entitled to interest or statutory benefits for the period of delay. Consequently, the cross‑objection was registered and ordered to be listed 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 despite condonation.

Subjects

condonation of delay
cross objection
civil procedure
compensation enhancement
statutory benefits
interest
High Court of Bombay

Judgment

2026:BHC-AUG:41278

                                                       1
                                                                       947-ca-10171-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10171 OF 2026
                                          IN X-OBJST/19804/2026

                                            Bebi Bhagwat Patil.
                                                 VERSUS
                               The Collector Jalgaon Dist Jalgaon And Ors.
                                                    ...
                     Ms. Renuka Pawar h/f Mr. V. P. Patil, Advocate for Applicant
                     Mr. S. P. Sonpawale, AGP for Respondent-State
                     Mr. S. S. Chillarge, 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. S. S. Chillarge, learned Advocate for respondent

                     nos.3 and 4 and learned AGP for respondent State would pray

                     to pass appropriate orders.
                                   2
                                                     947-ca-10171-2026

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. S. S. Chillarge 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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