Bombay High Court

ASHOK PANDITRAO KULKARNI AND ANR.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, DIST LATUR AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the first appeals subject to the claimants giving an undertaking not to claim statutory benefits or interest for the delayed period.

Summary

The petitioners filed multiple civil applications seeking condonation of delay in filing their first appeals against the State of Maharashtra. The delay was explained in the petition and, despite opposition from the State’s advocates, the court considered the claimants' statutory rights to property. The court held that the delay could be condoned provided the claimants executed an undertaking not to claim statutory benefits or interest for the delayed period. The undertaking must be submitted to the Registrar within four weeks. Accordingly, the applications were allowed and the civil applications were disposed of.

Issues considered

Whether the court should condone the delay in filing the first appeals in the civil applications.

Subjects

condonation of delay
first appeal
civil applications
statutory rights
undertaking
property rights

Judgment

                        1                  943 to 950...odt


  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             BENCH AT AURANGABAD

      943 CIVIL APPLICATION NO. 2113 OF 2026
                  IN FAST/1390/2026

    CHANDRASHEKHAR S/O. JANARDHAN CHOLE.
                    VERSUS
  THE STATE OF MAHARASHTRA THROUGH DISTRICT
           COLLECTOR, LATUR AND ORS.
                       …

                       AND
      944 CIVIL APPLICATION NO. 2114 OF 2026
                  IN FAST/807/2026

 HIRKANBAI W/O BANDAPPA SONTAKKE (DIED) THROUGH
          L.RS. RAMCHANDRA AND ANOTHER
                       VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                   LATUR AND ORS.
                         ...

                        AND
      945 CIVIL APPLICATION NO. 2120 OF 2026
                  IN FAST/1418/2026

            GAFAR DAULAT KHAN PATEL.
                     VERSUS
   THE STATE OF MAHARASHTRA THROUGH THE DIST
            COLLECTOR LATUR AND ORS.
                       ...

                       AND
      946 CIVIL APPLICATION NO. 2127 OF 2026
                  IN FAST/811/2026

   MAREAPPA S/O. BABURAO SURYAWANSHI AND ANR.
                      VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                  LATUR AND ORS.
                        ...
                          2                  943 to 950...odt


                         AND
        947 CIVIL APPLICATION NO. 2128 OF 2026
                    IN FAST/974/2026

          VIJAYKUMAR S/O. SHIVRAJ SHEWALE.
                      VERSUS
 THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                  LATUR AND ORS.
                         ...

                         AND
        948 CIVIL APPLICATION NO. 2129 OF 2026
                    IN FAST/948/2026
                         WITH
          CIVIL APPLICATION NO. 2131 OF 2026
              IN FAST/994/2026
                         WITH
          CIVIL APPLICATION NO. 2130 OF 2026
                    IN FAST/998/2026

     BAPURAM @ BABURAO S/O. SAMBHAJI PANCHAL.
                      VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR
                     AND ORS.
                        ...

                          AND
        949 CIVIL APPLICATION NO. 2156 OF 2026
                    IN FAST/1462/2026
                         WITH
          CIVIL APPLICATION NO. 2155 OF 2026
                    IN FAST/1448/2026

   SAVITRABAI W/O. VITHAL GAVANE (GAVHANE) DIED
        THROUGH LRS BALAJI VITHAL GAVHANE
                      VERSUS
  THE STATE OF MAHARASHTRA THROUGH THE DISTRICT
             COLLECTOR LATUR AND ORSS.
                         ...

                         AND
        950 CIVIL APPLICATION NO. 2162 OF 2026
                              3                     943 to 950...odt


                  IN FAST/1439/2026
                       WITH
         CIVIL APPLICATION NO. 2165 OF 2026
                 IN FAST/1475/2026
                       WITH
         CIVIL APPLICATION NO. 2169 OF 2026
                 IN FAST/1469/2026
                       WITH
         CIVIL APPLICATION NO. 2166 OF 2026
                 IN FAST/1477/2026
                       WITH
         CIVIL APPLICATION NO. 2168 OF 2026
                 IN FAST/1473/2026
                       WITH
         CIVIL APPLICATION NO. 2171 OF 2026
                 IN FAST/1466/2026
                       WITH
         CIVIL APPLICATION NO. 2172 OF 2026
                 IN FAST/1464/2026
                       WITH
         CIVIL APPLICATION NO. 2163 OF 2026
                  IN FAST/1471/2026

        ASHOK PANDITRAO KULKARNI AND ANR.
                     VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, DIST
                 LATUR AND ORS.

                              ...
      Advocate for Applicants : Mr. Chillarge Subhash S.
      AGP for Respondent/s – State : Ms. Preeti Diggikar
        Advocate for Acquiring Body : Mr. S.K. Tambe
    Advocate for Respondent No. 2 : Ms. Zaware Suvarna M.
                              ...

                    CORAM : MANJUSHA DESHPANDE, J.

                    DATE     : 20th AUGUST, 2026
                                      4                         943 to 950...odt


PER COURT :

1.            These Applications are for condonation of delay in filing the

First Appeals.

2.            Delay is explained in paragraph nos. 2, 6 and 7, which are

satisfactorily explained by the Applicants. Although the Applications are

opposed by the learned respective AGP as well as Advocates, considering

the statutory rights of the Claimants involved and deprivation of their

rights to property, the delay is condoned subject to condition that the

Claimants shall give an undertaking before this Court that they will not

claim statutory benefit as well as interest of the delayed period in

approaching this Court. This undertaking be given by the Applicants to

the satisfaction of the Registrar (Judicial), of this Court within a period of

four weeks.

4.            In   view   of    the   aforementioned      observations,      the

Applications are allowed in terms of prayer clause 'B'.

5.            The Civil Applications stand disposed of.




                                      ( MANJUSHA DESHPANDE, J. )




SPC

Continue reading with your account

Checking your session…