Bombay High Court
PRAKASH ASHRUBA VIDHATE AND ORSversusTHE STATE OF MAHARASHTRA THR THE COLLECTOR AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court condoned the 2,613‑day delay in filing the appeal, subject to the condition that the applicants shall not claim interest or statutory benefits for the delayed period.
Summary
The applicants, seeking just compensation for acquired land, filed an application to condone a delay of 2,613 days in filing an appeal against a 2018 judgment. The court examined the reasons for the delay, noting that the applicants had explained the circumstances in their application. It held that the delay could be condoned provided the applicants undertook not to claim interest or statutory benefits for the period of delay. Accordingly, the application for condonation was allowed subject to that condition, and the civil applications were disposed. The court also noted the death of one of the four brothers prosecuting the claim, but still granted relief under the prayer clauses.
Issues considered
- Whether a delay of 2,613 days in filing an appeal can be condoned under the law
- Whether imposing a condition that the applicants not claim interest or statutory benefits for the delayed period is appropriate
Subjects
- delay condonation
- appeal filing
- land acquisition compensation
- interest waiver
- statutory benefits
Judgment
2026:BHC-AUG:25901
970 CA 14275 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
970 CIVIL APPLICATION NO. 14275 OF 2025
IN FAST/31309/2025
WITH
CIVIL APPLICATION NO. 14276 OF 2025
IN FAST/31309/2025
PRAKASH ASHRUBA VIDHATE AND ORS
VERSUS
THE STATE OF MAHARASHTRA THR. THE COLLECTOR , JALNAAND ORS
...
Advocate for Applicants : Mr. Kakde Shubham Madhavrao
AGP for Respondent nos. 1 & 2 : Mr. S. P. Sonpawale
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026
PER COURT :
ON APPLICATION FOR DELAY CONDONATION :
1. The applicants seek to condone delay of 2613 days caused in filing
appeal against judgment and award dated 02.05.2018 in L.A.R. No.
143/2013 by the Reference Court at Jalna.
2. Perused the application and reasons stated therein. The applicants
are litigating for getting just compensation towards the acquired land.
Apparently, the delay has been duly explained in paragraph nos. 3 to 8 of
the application. Further, the delay can be condoned by putting the
necessary condition to protect the interest of the respondent.
3. In the result, the application is allowed. Delay of 2613 days caused in
filing appeal is condoned subject to condition that the applicants shall file
undertaking that they shall not claim interest or statutory benefits for the
delayed period.
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970 CA 14275 OF 2025.odt
4. Civil Application is disposed of.
CIVIL APPLICATION NO. 14276/2025 IN FAST/31309/2025
5. Heard learned counsels appearing for the respective parties.
6. Looking to the nature of the litigation and the fact that four brother
were prosecuting the claim before the Reference Court, one of them is died.
In that view of the matter, the Application is allowed in terms of prayer
clause ‘A’ and ‘B’.
7. Civil Application is disposed of.
( S. G. CHAPALGAONKAR, J.)
mkd/-
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