Bombay High Court

THE STATE OF MAHARASHTRA AND ORSversusMOUJAMKHAN OSMANKHAN PATHAN

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The Court condoned the 400‑day delay and allowed the applications.

Summary

The State of Maharashtra filed two civil applications seeking condonation of a 400‑day delay in filing appeals arising from the same acquisition proceedings. The State relied on a prior order of this Court dated 9 January 2015 in CA No.4670/2012, which had already condoned a similar delay. The Court examined whether the present delay warranted condonation, noting the identical factual backdrop and the earlier precedent. It concluded that the delay was justified to be condoned. Consequently, the Court condoned the delay, allowed the applications, and disposed of the matters.

Issues considered

Whether a delay of 400 days in filing appeals can be condoned under the circumstances presented.

Subjects

condonation of delay
civil appeal
acquisition proceedings
High Court of Bombay
procedural law

Judgment

2026:BHC-AUG:18911-DB




                                                    -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     CIVIL APPLICATION NO. 15028 OF 2010
                                              IN FAST/25954/2010

                              THE STATE OF MAHARASHTRA AND OTHERS
                                               VERSUS
                                MOUJAMKHAN OSMANKHAN PATHAN
                                                AND
                                CIVIL APPLICATION NO. 15047 OF 2010
                                         IN FAST/25951/2010

                        THE STATE OF MAHARASHTRA AND OTHERS
                                        VERSUS
                SHAIKH SULTAN SHAIKH SAHEB LR’S. TAFIFABEE SULTAN SHAIKH
                                      AND OTHERS

              Mr.K.B.Jadhavar, AGP for the respondent/State.
              Mr.Ammar Khan h/f Mr.G.R.Syed, Advocate for the respondent in CA
              No.15028/2010.
              None for the respondents in CA No.15047/2010.

                                       ( CORAM : KISHORE C. SANT AND
                                                 SUSHIL M. GHODESWAR, JJ. )

                                          DATE : 23 APRIL, 2026


              PER COURT :


              1.              These applications are filed seeking condonation of delay

              of 400 days caused in filing the appeals by the State. The learned AGP

              relies on the order passed by this Court dated 09.01.2015 on CA

              No.4670/2012 in FA Stamp No.6573/2012. This Court, by way of the


              khs/April 2026/15028
                                   -2-

said order, was pleased to condone the delay caused in filing of the said

appeals. It is informed that the said appeals arise out of the same

acquisition proceedings, from which theses appeals are arising.



2.              Considering the above, this Court finds that the delay

deserves to be condoned.      Delay is, therefore, condoned.   The above

civil applications stand allowed and disposed off.




     ( SUSHIL M. GHODESWAR, J.)                  ( KISHORE C. SANT, J.)




khs/April 2026/15028

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