Bombay High Court

MANDABAI SAKHARAM JAGTAP (DIED) THROUGH L.RS. AMBADAS SAKHARAM JAGTAP AND OTHERS.versusTHE COLLECTOR, THR SPECIAL LAND ACQUISITION OFFICER, JAYAKWADI PRAKALP NO. 1, AURANGABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay is condoned subject to the claimants' undertaking not to claim any statutory benefit or interest.

Summary

The claimants filed an appeal after a delay of 4,254 days. The court examined the reasons for the delay, finding them satisfactory and not intentional. It therefore condoned the delay, imposing a condition that the claimants provide an undertaking to the Registrar that they will not claim any statutory benefits or interest accrued during the delayed period, within four weeks. The civil applications were allowed as per prayer clause ‘B’. The judgment emphasizes procedural fairness while preventing undue advantage from the delay.

Issues considered

Whether a delay of 4,254 days in filing an appeal can be condoned.
Whether the claimants may claim statutory benefits or interest for the period of delay.

Subjects

delay condonation
civil procedure
appeal filing
statutory benefit
interest
undertaking
High Court of Bombay

Judgment

2026:BHC-AUG:41086


                                                  1                        1081.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 3160 OF 2026
                                      IN FAST/3846/2026
                                           WITH
                             CIVIL APPLICATION NO. 3161 OF 2026
                                      IN FAST/3841/2026
                MANDABAI SAKHARAM JAGTAP (DIED) THROUGH L.RS.
                     AMBADAS SAKHARAM JAGTAP AND OTHERS.
                                       VERSUS
              THE COLLECTOR, THR SPECIAL LAND ACQUISITION OFFICER,
                 JAYAKWADI PRAKALP NO. 1, AURANGABAD AND ANR.
                                           ...
                       Advocate for Applicants : Mr. S.D. Jayabhar
                      AGP for Respondent No. 1 : Ms. Preeti Diggikar
                                           …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                        DATE      : 03rd SEPTEMBER, 2026


              PER COURT :

              1.           There is a delay of 4254 days in filing the Appeal by the

              Claimants.


              2.           Respondent no. 2 is served. Learned AGP appears for

              Respondent no. 1.


              3.           The delay has been explained by the Claimants in paragraph

              nos. 5 to 7 in the Civil Applications, which is satisfactory. Delay is not

              intentional nor deliberate.
                                     2                        1081.odt


4.           Delay is condoned subject to condition that the Claimants

shall furnish an undertaking to the Registrar (Judicial) of this Court that

they will not claim any statutory benefit and the interest during the

delayed period, within a period of four weeks.


5.           Civil Applications are allowed in terms of prayer clause ‘B’.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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