Bombay High Court

BHILA S/O BHIKA PATIL (DIED) THROUGH L.RS. GAYABAI BHILA PATIL AND OTHERSversusTHE COLLECTOR, THROUGH SPECIAL LAND ACQUISITION OFFICER, JAYAKWADI PRAKALP NO. 1, AURANGABAD AND ANO

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

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

Summary

The claimants filed an appeal after a delay of 4,254 days, which they explained as non‑intentional in their civil applications. The court examined whether such a lengthy delay could be condoned. Finding the explanation satisfactory, the court conditioned the condonation on the claimants giving an undertaking not to claim any statutory benefit or interest for the period of delay. The court ordered the claimants to furnish this undertaking within four weeks. Accordingly, the civil applications were allowed as per prayer clause ‘B’. The judgment emphasizes the court’s discretion to condone delay while safeguarding public revenue.

Issues considered

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

Subjects

delay condonation
civil procedure
limitation period
statutory benefit
interest
land acquisition

Judgment

2026:BHC-AUG:41087


                                                  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

Continue reading with your account

Checking your session…