Bombay High Court
SARALA RAMESH GOSAVI AND OTHERSversusTHE STATE OF MAHARASHTRA THR COLLECTOR , JALGAON AND OTHERS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
A delay of 2,203 days may be condoned provided the petitioners waive any claim to interest or statutory benefits for the delayed period.
Summary
The petitioners, Sarala Ramesh Gosavi and others, sought condonation of a 2,203‑day delay in filing an appeal against a judgment and award of the Reference Court concerning just compensation for land acquired by the State. The High Court examined the reasons for the delay and the nature of the dispute, finding that condonation could be justified. The Court allowed the application but imposed a condition that the petitioners file an undertaking not to claim interest or any statutory benefits for the period of delay, even if they succeed on the appeal. Consequently, the delay was condoned subject to that condition and the civil application was disposed. The decision underscores the Court’s discretion to condone procedural delays while safeguarding public interest by restricting ancillary claims.
Issues considered
- The Court must decide whether a delay of 2,203 days in filing an appeal can be condoned under the Civil Procedure Code.
Subjects
- condonation of delay
- civil procedure
- land acquisition
- just compensation
- interest waiver
- statutory benefits
Judgment
2026:BHC-AUG:25917
978 CA 2053 OF 2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
978 CIVIL APPLICATION NO. 2053 OF 2026
IN FAST/147/2026
SARALA RAMESH GOSAVI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR , JALGAON AND OTHERS.
...
Advocate for Applicant : Mr. C. V. Borse h/f Mr. Vijay B. Patil
AGP for Respondent No. 1 : Mr. S. K. Shirshe
Advocate for Respondent no 3 : Mr. R.A. Tambe
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026
PER COURT :
Heard learned advocates for the respective parties.
2. The applicants seek to condone delay of 2203 days caused in filing
appeal against the judgment and award passed by the Reference Court.
Perused the application and reasons stated therein. Apparently, the
applicants are litigating for getting just compensation towards their acquired
land. Looking to the nature of the dispute and reasons stated in the
application, the case is made out to condone the delay, however, by putting
certain conditions.
3. In the result, the application is allowed. Delay of 2203 days is
condoned subject to condition that the applicants shall file an undertaking
to the Registrar (Judicial) of this Court that they shall not entitled to claim
interest or statutory benefits for the delayed period, if they succeed in the
appeal.
4. The Civil Application is disposed of.
( S. G. CHAPALGAONKAR, J.)
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