Bombay High Court

BABRUWAN S/O MADHAV WADIKAR.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND OTHERS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The court condoned the 651‑day delay in filing the appeals.

Summary

The petitioners, representing the estate of the deceased Manik Wadikar, sought condonation of a 651‑day delay in filing their appeals against the State of Maharashtra concerning compensation for acquired land. The court examined the reasons provided in the applications and found them satisfactory. It held that the delay could be condoned under the principles of equity and procedural law. Consequently, the applications were allowed, the delay was condoned, and the first appeals were ordered to be registered, subject to removal of any office objections. The judgment thus permits the petitioners to proceed with their appeals after the extended period.

Issues considered

Whether a delay of 651 days in filing appeals can be condoned under the Civil Procedure Code

Subjects

condonation of delay
appeal filing
land acquisition compensation
civil procedure
high court

Judgment

2026:BHC-AUG:34275
                                                                           974-ca-13384-2025.odt
                                                     (1)


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD
                                  CIVIL APPLICATION NO. 13384 OF 2025
                                           IN FAST/32640/2025
                 Manik S/o Vishwanath Wadikar Deceased Through Lrs Bharatbai And
                                                Ors.
                                             VERSUS
                   The State Of Maharashtra Through The Collector Atur And Ors.
                                                  ...
                        Advocate for Applicants : Mr. Solanke Shrikrashna B.
                            AGP for Respondent/State : Mr. D.B. Bhange
                                             WITH
                 CIVIL APPLICATION NO. 13377 OF 2025 IN FAST/32658/2025WITH
                 CIVIL APPLICATION NO. 13378 OF 2025 IN FAST/32656/2025 WITH
                 CIVIL APPLICATION NO. 13379 OF 2025 IN FAST/32653/2025 WITH
                 CIVIL APPLICATION NO. 13383 OF 2025 IN FAST/32664/2025 WITH
                 CIVIL APPLICATION NO. 13380 OF 2025 IN FAST/32660/2025 WITH
                    CIVIL APPLICATION NO. 13381 OF 2025 IN FAST/32662/2025
                                                ...
                                          CORAM : S. G. CHAPALGAONKAR, J.
                                                 DATED : AUGUST 06, 2026

                 PER COURT :-

                 1.             Heard learned advocates appearing for respective parties.

                 2.             The applicants seek to condone delay of 651 days caused

                 in filing appeals. Apparently, applicants are litigating for getting just

                 compensation towards acquired land.

                 3.             In that view of matter and considering reasons as stated

                 in applications, case is made out to condone delay. Hence,

                 applications are allowed. Delay of 651 days caused in filing appeals

                 stands condoned. First Appeals be registered subject to removal of

                 office objections, if any.


                                                           (S.G. CHAPALGAONKAR, J.)
                 Mujaheed//

Continue reading with your account

Checking your session…