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Bombay High Court

DATTU VITHALRAO SHINDE AND ANRversusTHE STATE OF MAH, THR. COLLECTOR, LATUR

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The delay in filing cross‑objections is condoned in the interest of justice.

Summary

The petitioners, a group of poor agriculturists whose lands had been acquired, filed civil applications seeking condonation of delay in filing cross‑objections. The respondents opposed, arguing no sufficient cause was shown. The court examined the applications and, relying on the precedent set in New Okhla Industrial Development Authority v. Rameshwar (2022) SCC Online SC 1599, held that in the interest of justice the delay should be condoned so that the petitioners' rights could be finally decided on merits. Consequently, the applications were allowed and the delay in filing cross‑objections was condoned. The court also ordered that notice be issued in the cross‑objections, with the AGP and counsel for each respondent waiving notice for the respective respondents.

Issues considered

  • Whether the delay in filing cross‑objections can be condoned under the principles of natural justice and the Civil Procedure Code.

Subjects

  • condonation of delay
  • cross objections
  • civil procedure
  • agriculturist rights
  • interest of justice

Judgment

2026:BHC-AUG:3209


                                                                        ca13691.25
                                              -1-


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                        930 CIVIL APPLICATION NO. 13691 OF 2025
                                  IN X-OBJST/32211/2025
                                          WITH
                          CIVIL APPLICATION NO. 1345 OF 2010
                                   IN/WITH FA/2233/2011

                                    Jijabai Tukaram Halgare
                                            VERSUS
                    State of Maharashtra through Collector Latur and others.
                                               …..
                                              AND
                            CIVIL APPLICATION NO. 13694 OF 2025
                                    IN X-OBJST/32232/2025
                                              WITH
                            CIVIL APPLICATION NO. 1131 OF 2010
                                     IN/WITH FA/1173/2010

                                    Mukind Kerba Bansode
                                           VERSUS
                    State of Maharashtra through Collector Latur and others.
                                              …
                                             AND
                            CIVIL APPLICATION NO. 13692 OF 2025
                                    IN X-OBJST/32255/2025
                                             WITH
                            CIVIL APPLICATION NO. 1349 OF 2010
                                     IN/WITH FA/1170/2010

                                   Babruwahan Nivruti Tore
                                           VERSUS
                    State of Maharashtra through Collector Latur and others.
                                              ….
                                             AND
                            CIVIL APPLICATION NO. 13688 OF 2025
                                    IN X-OBJST/32261/2025
                                             WITH
                            CIVIL APPLICATION NO. 1333 OF 2010
                                     IN/WITH FA/1169/2010

                                 Pandurang Baburao Shinde
                               (Died through L.Rs.) and another
                                          VERSUS
                                                            ca13691.25
                                 -2-

      State of Maharashtra through Collector Latur and others.
                                …..
                               AND
              CIVIL APPLICATION NO. 13690 OF 2025
                      IN X-OBJST/32235/2025
                               WITH
              CIVIL APPLICATION NO. 1347 OF 2010
                       IN/WITH FA/1171/2010

                         Balaji Nivratti Tore
                              VERSUS
      State of Maharashtra through Collector Latur and others.
                                 …..
                                AND
              CIVIL APPLICATION NO. 13689 OF 2025
                      IN X-OBJST/32267/2025
                                WITH
              CIVIL APPLICATION NO. 1339 OF 2010
                       IN/WITH FA/1168/2010

               Dattu Vitthalrao Shinde and another
                              VERSUS
     State of Maharashtra through Collector Latur and others.
                                …..
Advocate for Applicant : Mr. Sandeep C. Swami
AGP for Respondent No.1: Mr. V.V. Jahagirdar
Advocate for Respondent No.2: Mr. A.D. Soman
                                …..

                    CORAM : SANJAY A. DESHMUKH, J.
                    DATED : 23rd JANUARY, 2026

PER COURT :-


1.       These are the civil applications filed for condonation of

delay caused in filing the cross objections. Perused the applications.

Heard learned advocates for both sides. Learned advocate for the

applicants submitted that the applicants are poor agriculturists whose

lands are acquired. They are not conversant with the provisions of

law and could not file the cross objections within time. Therefore, in
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                                  -3-

the interest of justice, the applications deserve to be allowed.



2.        Learned advocate for the respondents strongly opposed the

applications by submitting that there is no sufficient cause shown to

condone the delay. He therefore, prayed to reject the applications.



3.        On perusal of applications and the law laid down in the

case of New Okhla Industrial Development Authority vs.

Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal

Heir and Another; 2022 SCC Online SC 1599, it would be proper to

condone the delay in the interest of justice as the claimants are poor

agriculturists and it would be proper to decide their rights finally on

merits. The applications are thus allowed. The delay caused in filing

the cross objections is condoned.



4.        In cross objections, issue notice to the respondents.

Learned A.G.P. waives notice for respondent No.1 and learned

advocate Mr. Soman, waives notice for respondent No.2.



                                    (SANJAY A. DESHMUKH, J.)

rlj/


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