Bombay High Court

MANIK S/O VISHWANATH WADIKAR DECEASED THROUGH LRS BHARATBAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR ATUR AND ORS.

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

Holding

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

Summary

The petitioners, representing the estate of the deceased Manik Wadikar, sought condonation of a 651‑day delay in filing appeals relating to compensation for land acquired by the State of Maharashtra. The respondents, the State, opposed the condonation. The court examined the reasons provided for the delay and applied the principles governing condonation of delay under the Code of Civil Procedure. Finding the petitioners' explanation satisfactory, the bench held that the delay could be condoned. Consequently, the applications were allowed and the first appeals were ordered to be registered, subject to the removal of any office objections.

Issues considered

Whether a delay of 651 days in filing appeals for compensation can be condoned under the Code of Civil Procedure
Whether the petitioners are entitled to compensation for the acquired land pending the filing of the appeals

Subjects

condonation of delay
Civil Procedure Code
land acquisition
compensation
appeals
High Court

Judgment

2026:BHC-AUG:34272
                                                                           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//

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