Bombay High Court

DHANJI NAMDEO KHAIRNAR/CHOUDHARI (DEAD) THR LRS KESARBAI DIED THR LRS MADHAV AND ORS.versusEX. ENGINEER, M.I.D.C., JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay of over 300 days in filing the cross‑objections as the explanation was satisfactory and the main appeals are pending.

Summary

The petitioners filed two civil applications (Nos. 10662/2026 and 10663/2026) seeking condonation of delays of 326 and 324 days respectively in filing cross‑objections. The delay was explained in paragraphs 2 to 6 of the applications, noting that the principal first appeals by the acquiring body are pending and already admitted. The Court considered the explanation satisfactory and, given the pending main appeals, ordered that the delay be condoned. The petitioners were directed to remove all office objections within four weeks, failing which the order would lapse. The Court also held that if the cross‑objections are eventually allowed, the petitioners will not be entitled to interest or statutory benefits for the delayed period.

Issues considered

Whether a delay of 326 and 324 days in filing cross‑objections can be condoned under the Civil Procedure Rules

Subjects

condonation of delay
cross‑objections
civil procedure
interest
statutory benefits

Judgment

2026:BHC-AUG:42199



                                                   1
                                                            946 CA 10662 OF 2026+947

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             946 CIVIL APPLICATION NO. 10662 OF 2026
                                       IN X-OBJST/22040/2026

                       DHANJI NAMDEO KHAIRNAR/CHOUDHARI (DEAD) THR
                         LRS KESARBAI DIED THR LRS MADHAV AND ORS.
                                           VERSUS
                           EX. ENGINEER, M.I.D.C., JALGAON AND ORS.

                                                WITH
                                CIVIL APPLICATION NO. 7910 OF 2019
                                           IN FA/404/2021

                               EX. ENGINEER, M.I.D.C., JALGAON
                                            VERSUS
                      DHANJI NAMDEO KHAIRNAR (DEAD) THR LRS KESARBAI
                                            AND ORS
                                              AND
                           947 CIVIL APPLICATION NO. 10663 OF 2026
                                     IN X-OBJST/21807/2026

                      CHHABUBAI BHASKARRAO (DIED) THR LRS ARUN (DIED)
                                     THR LRS PRAMILA AND ORS
                                               VERSUS
                             THE EXECUTIVE ENGINEER MIDC JALGAON
                                                   ...
                     Ms. M. S. Andhare h/f. Mr. A. B. Kale, Advocate for Applicants
                     in both matters
                     Mr. B. V. Virdhe and Mr. S. P. Sonpawale, AGP for
                     Respondent Nos.2 and 3 – State respectively
                     Mr. G. S. Khaire h/f. Mr. S. S. Dande, Advocate for
                     Respondent No.1 in both matters
                                                   …

                                         CORAM : AJIT B. KADETHANKAR, J.
                                         DATED : 11th September 2026
                                  2
                                            946 CA 10662 OF 2026+947

P.C. :-
CIVIL APPLICATION NO. 10662 OF 2026
CIVIL APPLICATION NO. 10663 OF 2026
.         These Civil Applications are filed seeking condonation

of delay of 326 and 324 days respectively caused in filing the

cross-objections.

2.        The delay is well explained in paragraph Nos.2 to 6 of

the applications. Considering that the main First Appeals filed

by the acquiring body are pending in this Court and are

already admitted, the delay deserves to be condoned.

3.        For the reasons stated in the applications, the same are

allowed. Delay of 326 and 324 days respectively caused in

filing the cross-objections stands condoned.

4.        The applicants shall remove all the office objections

within a period of four weeks from today. If the objections are

not removed within stipulated period, this order shall

automatically lose its effect.

5.        Suffice to note, in the event the cross objections are

allowed, the applicants shall not be entitled for interest and

statutory benefits for the delayed period.



                                      ( AJIT B. KADETHANKAR, J. )
PRW

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