Bombay High Court

BHIMRAO NARAYAN DHOBI (DIED) THR LRS VATSALABAI AND ORS.versusTHE COLLECTOR, JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and ordered that the cross‑objections be registered.

Summary

The applicants filed several civil applications seeking condonation of a 1,538‑day delay in filing cross‑objections to first appeals filed by the acquiring body. They argued that the merit of the reference court's award was under challenge and that seeking enhanced compensation was a statutory right, so cross‑objections should be allowed instead of separate appeals. The respondents, represented by multiple advocates, waived notice and did not oppose the condonation. The Court examined whether such a lengthy delay could be excused under the principles of equity and procedural law. It held that no prejudice would result and that the applicants were willing to waive statutory benefits and interest. Consequently, the Court allowed the applications, condoned the delay, and ordered that the cross‑objections be registered.

Issues considered

Whether a delay of 1,538 days in filing cross‑objections to first appeals can be condoned.
Whether cross‑objections may be filed in lieu of separate first appeals when the merit of the award is under challenge.
Whether the statutory right to enhancement of compensation affects the court's discretion to condone delay.

Subjects

condonation of delay
cross‑objection
first appeal
compensation enhancement
statutory right
civil procedure

Judgment

2026:BHC-AUG:44203

19-CA.11101.2026 with connected mattters

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
928 CIVIL APPLICATION NO. 11101 OF 2026
IN X-OBJST/22956/2026

Tukaram Daulat Nhavi.
VERSUS
The Colletor, Jalgaon And Ors.

WITH
CIVIL APPLICATION NO. 11100 OF 2026
IN X-OBJST/22959/2026

AND
929 CIVIL APPLICATION NO. 11104 OF 2026
IN X-OBJST/22951/2026

Sitaram Namdeo Teli Deceased Thr. Lrs Kamalbai And Others.
VERSUS
The Collector, Jalgaon And Ors.

AND
931 CIVIL APPLICATION NO. 11111 OF 2026
IN X-OBJST/22929/2026

Dagdu Bhavdu Bari (died) Thr Lrs Dhrupadbai.
VERSUS
The Colletor, Jalgaon, Dist Jalgaon And Ors.

AND
932 CIVIL APPLICATION NO. 11113 OF 2026
IN X-OBJST/22945/2026
Shantabaitukaram Shelke (died) Thr. Lrs. Devkabai And Ors.
VERSUS
The Collector, Jalgaon And Ors.
2 19-CA.11101

AND
934 CIVIL APPLICATION NO. 11124 OF 2026
IN X-OBJST/22964/2026
Nathabai Bhika Pardeshi.
VERSUS
The Collector, Jalgaon And Ors.
AND
935 CIVIL APPLICATION NO. 11125 OF 2026
IN X-OBJST/22914/2026

Pandurang Fakira Teli And Ors.
VERSUS
The Collector, Jalgaon And Ors.

AND
936 CIVIL APPLICATION NO. 11195 OF 2026
IN X-OBJST/22968/2026

Bhimrao Narayan Dhobi (died) Thr Lrs Vatsalabai And Ors.
VERSUS
The Collector, Jalgaon And Ors.

----
Mr.Vinod Patil, Advocate for applicants

Mr.S.P.Sonpavale, Mr.R.K.Ingole, Mr.A.V.Lavte, Mr.K.B.Jadhvar and
Mr.S.N.Kendre, AGPs for respondent nos.1 and 2 - State in respective
matter

Mr.Bhaktaraj L. Patil, Advocate h/f. Mr.A.D.Pawar, Advocate for
respondent nos.3 and 4 in C.A. Nos.11101/2026, 11100/2026,
11111/2026, 11113/2026, 11124/2026, 11125/2026, 11195/2026

Mr.S.V.Chillarge, Advocate for respondent nos.3 and 4 in C.A.
No.11104 of 2026
----

CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 24, 2026
3 19-CA.11101

ORDER :-

Heard Mr.Vinod Patil, learned advocate for the applicants.

These applications are filed seeking condonation of delay caused in

filing the Cross-Objections in the First Appeals filed by the acquiring

body. There is delay of 1538 days caused in filing the Cross-

Objections. Learned counsel for the applicants submits that the

merit of the judgment and award passed by the reference court is

under challenge before this court in the First Appeals. He submits

that seeking enhancement in the compensation is a statutory right of

the claimants and hence instead of filing separate First Appeals, the

Cross-Objections are filed. No prejudice will be caused to other side

if the same are heard on merit. He further submits that the

applicants are ready to waive the statutory benefits and interest for

the delayed period.

2. Issue notice to the respondents. Learned AGP waives

notice for respondent nos.1 and 2. Mr.A.D.Pawar and Mr.S.V.Chillarge,

learned panelled advocates waive for the respondents – acquiring

body in the respective matter.

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

are allowed. Delay caused in filing the Cross-Objections stands

condoned. Cross-Objection be registered.
4 19-CA.11101

Order in Cross-Objections:-

4. Issue notice to the respondents. Learned AGP waives

notice for respondent nos.1 and 2 and Mr.A.D.Pawar and

Mr.S.V.Chillarge, learned advocates waive notice for respondent

nos.3 and 4 in respective matter.

[AJIT B. KADETHANKAR, J.]
………..

KBP

Continue reading with your account

Checking your session…