Bombay High Court

FAKIRA BHASKAR PATILversusTHE SPECIAL LAND ACQUISITION OFFICER -2, UPPER TAPI PRAKALP (HATNOOR), JALGAON AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the delay in filing the appeals is condonable in the interest of justice, provided the claimants undertake not to claim statutory interest for the delayed period.

Summary

The petitioners, a group of landowners, filed civil applications seeking condonation of delay in filing appeals against judgments of the Civil Judge Senior Division, Amalner. They challenged the partial awards and argued that the delay was not intentional, providing satisfactory explanations. The respondent, represented by Ms. Kazi, opposed the condonation. The Court examined the reasons for delay and, invoking the statutory right to appeal, decided that the delay should be condoned in the interest of justice. However, the Court conditioned the condonation on the petitioners filing an undertaking not to claim any statutory interest or benefits for the period of delay within eight weeks. The applications for condonation were therefore disposed of by granting the condonation subject to the stipulated condition.

Issues considered

Whether the delay in filing the appeals can be condoned under the provisions of the Code of Civil Procedure.
Whether the petitioners may claim statutory interest for the period of delay if condonation is granted.

Legislation cited

Code of Civil Procedure, 1908 — s. 5

Subjects

condonation of delay
appeal
civil procedure
statutory interest
judicial discretion
interest waiver

Judgment

                   1             981-CA.1297-25 (981-986).odt



   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              BENCH AT AURANGABAD

       981 CIVIL APPLICATION NO. 1297 OF 2025
                  IN FAST/2853/2025
    LATE PRAKASH UTTAM RAJPUT THR. LRS JIJABAI
             PRAKAASH RAJPUT AND ORS
                       VERSUS
THE SPECIAL LAND ACQUISITION OFFICER -2, UPPER TAPI
       PRAKALP (HATNOOR), JALGAON AND ANR

                       AND

       982 CIVIL APPLICATION NO. 1298 OF 2025
                  IN FAST/2855/2025
                FAKIRA BHASKAR PATIL
                       VERSUS
THE SPECIAL LAND ACQUISITION OFFICER -2, UPPER TAPI
       PRAKALP (HATNOOR), JALGAON AND ANR

                       AND

       983 CIVIL APPLICATION NO. 1299 OF 2025
                  IN FAST/2858/2025
 LATE RAMA GAMBHIR PATIL THROUGH LRS SAMADHAN
                 RAMA PATIL AND ORS
                       VERSUS
THE SPECIAL LAND ACQUISITION OFFICER -2, UPPER TAPI
       PRAKALP (HATNOOR), JALGAON AND ANR

                       AND

       984 CIVIL APPLICATION NO. 1302 OF 2025
                  IN FAST/2845/2025
              GULABRAO BABURAO PATIL
                       VERSUS
 THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI
        PRAKALP HATNOOR, JALGAON AND ANR

                       AND

      985 CIVIL APPLICATION NO. 2832 OF 2025
                 IN FAST/5734/2025
          AASIF SHAIKH RAJ MOHAMMAD
                      VERSUS
    THE EXECUTIVE ENGINEER MINOR IRRIGATION
          DEPARTMENT JALGAON AND ANR
                         2                 981-CA.1297-25 (981-986).odt



                              AND

          986 CIVIL APPLICATION NO. 2833 OF 2025
                     IN FAST/5441/2025
                SHAIKH UNUS SHAIKH MUSA
                          VERSUS
     THE SPECIAL LAND ACQUISITION OFFICER OF MINOR
              IRRIGATION, JALGAON AND ANR
                                ...
 Advocate for Applicant : Mr. Madhav Moreshwar Bhokarikar
 AGPs for Respondent/s-State : Ms. Vaishali S. Chaudhary, Ms.
D. S. Jape, Ms. Dr. Kalpalata Patil Bharaswadkar, Mr. K. S. Patil,
                 Ms. P. V. Diggikar, respectively.
        Advocate for Respective Respondent : Ms. Kazi.
                                ...

                      CORAM : MANJUSHA A. DESHPANDE, J.
                      DATE : 24.09.2026

PER COURT :-


1.     By way of these civil applications, the applicants, who

are the claimants are seeking condonation of delay in filing the

appeals before this Court. The applicants are challenging the

judgment and award passed by Civil Judge Senior Division,

Amalner in respective LARs, which are partly allowed by the

Civil Judge Senior Division, Amalner. The reasons for delay are

satisfactorily explained in the applications. The delay is not

intentional and deliberate.


2.     Learned advocate appearing for respondent No.2 Ms.

Kazi opposes the applications for condonation of delay. After

considering the reasons for delay as stated in the applications,
                          3                 981-CA.1297-25 (981-986).odt



the delay caused in filing the appeals deserves to be condoned

in the interest of justice. Considering the statutory right to file

appeal available to the applicants, the civil applications are

allowed by condoning the delay subject to the condition that

the respective claimants shall file undertaking before this Court

that they shall not claim any statutory interest and benefits for

the delayed period. Such undertaking shall file within a period

of eight (8) weeks from today to the satisfaction of the

Registrar (Judicial).


3.      With the aforementioned observations, civil applications

for delay are disposed of accordingly.




                               (MANJUSHA A. DESHPANDE, J.)

                                ...

vmk/-

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