Bombay High Court

THE STATE OF MAHARASHTRA THROUGH DIST. COLLECTOR, JALNA AND OTHERSversusSHAHADEV PANDHARINATH CHANDAR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 684‑day delay and stayed the judgment and award, subject to the State depositing the full compensation within twelve weeks.

Summary

The State of Maharashtra, represented by the District Collector, Jalna, filed two civil applications before the Bombay High Court, Aurangabad Bench, seeking condonation of a 684‑day delay in filing an appeal and a stay of the judgment and award passed by the Reference Court. The sole respondent, Shahadev Pandharinath Chandar, was served notice but did not appear. The Court, after considering the explanation provided, condoned the delay and disposed of the delay‑condonation application. It also stayed the judgment and award, imposing a condition that the State must deposit the full compensation amount within twelve weeks in the Court. The stay order is conditional upon compliance with the deposit requirement.

Issues considered

Whether a delay of 684 days in filing an appeal can be condoned under the Civil Procedure Code.
Whether the judgment and award of the Reference Court can be stayed subject to a deposit condition.

Subjects

delay condonation
stay of decree
compensation deposit
Civil Procedure Code
High Court

Judgment

2026:BHC-AUG:41033


                                                   1                       1076.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           CIVIL APPLICATION NO. 1817 OF 2026
                                    IN FAST/36914/2025
                                          WITH
                           CIVIL APPLICATION NO. 1816 OF 2026
                                    IN FAST/36914/2025
               THE STATE OF MAHARASHTRA THROUGH DIST. COLLECTOR,
                               JALNA AND OTHERS

                                               VERSUS

                           SHAHADEV PANDHARINATH CHANDAR

                                                  ...
                                AGP for Applicants : Ms. Preeti Diggikar
                                                  …

                                         CORAM : MANJUSHA DESHPANDE, J.

                                         DATE      : 03rd SEPTEMBER, 2026


              PER COURT :

              Delay Application :

              1.          There is a delay of 684 days in filing the Appeal.

              2.          Upon notice, sole Respondent is served. None appears for

              the Respondent.

              3.          Considering the explanation given in the Application, delay

              of 684 days is condoned.

              4.          Civil Application for delay condonation stands disposed of.
                                    2                       1076.odt


Stay Application :

5.          The judgment and award passed by the Reference Court

shall stand stayed subject to the condition that the State/acquiring body

shall deposit the entire amount of compensation within a period of 12

weeks in this Court.



                                    ( MANJUSHA DESHPANDE, J. )




SPC

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