Bombay High Court
JITENDRA PRATAPSING PATIL.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court condoned the 2,166‑day delay subject to the condition that the applicants undertake not to claim interest or statutory benefits for the delayed period.
Summary
The applicant, Ravindra Pratapsing Patil, sought condonation of a 2,166‑day delay in filing appeals against a judgment and award of the Reference Court concerning just compensation for land acquisition. The Court examined the reasons for the delay and the nature of the dispute, noting that the applicants were pursuing compensation. It held that, given the circumstances, the delay could be condoned but imposed a condition that the applicants file an undertaking not to claim interest or any statutory benefits for the period of delay if they succeed on appeal. Accordingly, the application for condonation was allowed. The civil applications were thereafter disposed of.
Issues considered
- Whether a delay of 2,166 days in filing appeals can be condoned under the applicable procedural law
Subjects
- condonation of delay
- civil procedure
- land acquisition
- compensation
- interest
- statutory benefits
Judgment
2026:BHC-AUG:25920-DB
980 CA 2063 OF 2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
980 CIVIL APPLICATION NO. 2063 OF 2026
IN FAST/195/2026
WITH
CIVIL APPLICATION NO. 2062 OF 2026
IN FAST/189/2026
RAVINDRA PRATAPSING PATIL.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALGAON
AND ORS.
...
Advocate for Applicant : Mr. C. V. Borse h/f Mr. Vijay B. Patil
AGP for Respondent No. 1 : Mr. K. S. Hake Patil
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 2166 days caused in filing
appeals 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
lands. 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 2166 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
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980 CA 2063 OF 2026.odt
interest or statutory benefits for the delayed period, if they succeed in the
appeals.
4. The Civil Applications are disposed of.
( S. G. CHAPALGAONKAR, J.)
mkd/-
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