Bombay High Court

SUDHIR BHIMSINGH PATIL AND ORS.versusDEPUTY COLLECTOR, AND SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The court condoned the 1,304‑day delay, subject to an undertaking that the applicants will not claim interest or statutory benefits for the delayed period.

Summary

The applicants, land owners seeking just compensation for acquired land, filed a civil application seeking condonation of a 1,304‑day delay in filing an appeal against the judgment and award of the Reference Court. The court examined the reasons for the delay and, considering the nature of the dispute, found the application to be made out. It granted condonation of the delay but imposed a condition that the applicants file an undertaking to the Registrar (Judicial) that they will not claim interest or any statutory benefits for the period of delay even if the appeal succeeds. The court ordered the civil application to be disposed of. Consequently, the appeal may proceed, but the applicants are barred from seeking additional interest or statutory relief for the delayed period.

Issues considered

Whether a delay of 1,304 days in filing an appeal can be condoned under civil procedure law
Whether condonation can be granted subject to conditions restricting claim of interest or statutory benefits

Subjects

condonation of delay
civil procedure
land acquisition compensation
interest
statutory benefits

Judgment

2026:BHC-AUG:25918
979 CA 2054 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

979 CIVIL APPLICATION NO. 2054 OF 2026
IN FAST/793/2026
SUDHIR BHIMSINGH PATIL AND ORS.
VERSUS
DEPUTY COLLECTOR, AND SPECIAL LAND ACQUISITION OFFICER,
MINOR IRRIGATION JALGAON AND ORS.
...
Advocate for Applicant : Mr. C. V. Borse h/f Mr. Vijay B. Patil
AGP for Respondent No. 1 : Mr. S. G. Sangale
...
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 1304 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 1304 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.)
mkd/-

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