Bombay High Court
BABASAHEB RANGANATH VASHIMBEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court held that the 1,747‑day delay may be condoned subject to the applicant’s undertaking not to claim interest or statutory benefits for the delayed period.
Summary
The applicant, Babasaheb Ranganath Vashimbe, sought condonation of a 1,747‑day delay in filing an appeal against a judgment and award of the Reference Court at Jalna concerning enhancement of compensation for his acquired land. The High Court examined the reasons provided in paragraphs 2 to 8 of the application and considered whether such a lengthy delay could be condoned. The Court concluded that the delay could be condoned, but imposed a condition that the applicant must file an undertaking not to claim interest or any statutory benefits for the period of delay even if the appeal succeeds. Accordingly, the application for condonation was allowed. The civil application was thereafter disposed of.
Issues considered
- Whether a delay of 1,747 days in filing an appeal can be condoned under the Civil Procedure Code
- Whether condonation can be conditioned on the applicant’s undertaking not to claim interest or statutory benefits for the delayed period
Subjects
- condonation of delay
- appeal
- civil procedure
- interest
- statutory benefits
- land compensation
Judgment
2026:BHC-AUG:25891
959 CA 12914 24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
959 CIVIL APPLICATION NO. 12914 OF 2024
IN FAST/27306/2024
BABASAHEB RANGANATH VASHIMBE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
...
Advocate for Applicant : Mr. S. M. Kakde
AGP for Respondent nos. 1 & 2 : Mr. S. P. Shirshe
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026
PER COURT :
Heard learned counsels for the respective parties.
2. The applicant seeks to condone delay of 1747 days caused in filing
appeal against the judgment and award passed by the Reference Court at
Jalna. Perused the reasons stated in the application. Apparently, the
applicant is seeking enhancement of compensation towards his acquired
land. Looking to the nature of litigation and reasons stated in the paragraph
nos. 2 to 8 of the application, the case is made out to condone the delay
subject to certain conditions.
3. In the result, the application is allowed. Delay of 1747 days caused in
filing appeal is condoned subject to condition that the applicant shall file an
undertaking to the Registrar (Judicial) of this Court that he shall not claim
interest and statutory benefits for the delayed period, in case he succeeds in
appeal.
4. Civil Application is disposed of.
( S. G. CHAPALGAONKAR, J.)
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