Bombay High Court

SHIVAJI S/O. GUNDIBA KHOPADE AND ORS.versusTHE UNIION OF INDIA, THROUGH THE GENERAL MANAGER, CENTRAL RAILWAYS, AND ORS.

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

Holding

The Court condoned the 2,253‑day delay in filing the appeal, subject to the condition that the applicants will not claim interest or statutory benefits for the delayed period.

Summary

The petitioners, Shivaji Gundiba Khopade and others, sought compensation for land acquired by the Union of India and filed a civil application to condone a delay of 2,253 days in filing an appeal against the award of the Reference Court. They explained that financial hardship and lack of procedural knowledge prevented timely filing. The Court examined the reasons and, considering the nature of the claim for just compensation, decided that condonation was appropriate. The delay was condoned on the condition that the petitioners would not claim interest or any statutory benefits for the period of delay even if the appeal succeeds. The appeal was ordered to be registered subject to removal of office objections, and the matter was listed for further hearing.

Issues considered

Whether a delay of 2,253 days in filing an appeal can be condoned under the provisions governing appeals in civil procedure.
Whether the condonation can be conditioned on the petitioners' undertaking not to claim interest or statutory benefits for the delayed period.

Subjects

condonation of delay
civil procedure
appeal
land acquisition
compensation
interest
statutory benefits

Judgment

2026:BHC-AUG:25635
                                                                     1115-ca-4034-2026.odt
                                               (1)


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 4034 OF 2026
                                     IN FAST/8794/2026

                              Shivaji Gundiba Khopade and Ors
                                          VERSUS
                                 The Union Of India And Ors
                                             ...
                        Advocate for Applicants : Mr. Khade Kishor D.
                        AGP for Respondent/State : Mr. C.V. Bhadane
                     Advocate for Respondent Nos.1 & 2 : Mr. U.B. Bondar

                                               WITH
                                 FIRST APPEAL NO. 468 OF 2026 WITH
                                 FIRST APPEAL NO. 566 OF 2025 WITH
                         X-OBJECTION NO. 115 OF 2026 IN FA/669/2026 WITH
                                 FIRST APPEAL NO. 233 OF 2024 WITH
                                FIRST APPEAL NO. 1067 OF 2025 WITH
                                FIRST APPEAL NO. 1295 OF 2022 WITH
                                FIRST APPEAL NO. 1297 OF 2022 WITH
                                FIRST APPEAL NO. 4641 OF 2023 WITH
                                 FIRST APPEAL NO. 514 OF 2025 WITH
                                FIRST APPEAL NO. 1296 OF 2022 WITH
                                 FIRST APPEAL NO. 469 OF 2026 WITH
                         CROSS APPEAL NO. 6 OF 2026 IN FA/670/2026 WITH
                                 FIRST APPEAL NO. 236 OF 2024 WITH
                                FIRST APPEAL NO. 2313 OF 2023 WITH
                     CIVIL APPLICATION NO. 3376 OF 2026 IN FA/4792/2023 WITH
                                FIRST APPEAL NO. 1301 OF 2022 WITH
                                FIRST APPEAL NO. 3128 OF 2023 WITH
                     CIVIL APPLICATION NO. 9429 OF 2023 IN FA/669/2026 WITH
                                 FIRST APPEAL NO. 669 OF 2026 WITH
                                 FIRST APPEAL NO. 670 OF 2026 WITH
                                FIRST APPEAL NO. 1294 OF 2022 WITH
                                FIRST APPEAL NO. 1293 OF 2022 WITH
                                FIRST APPEAL NO. 1762 OF 2022 WITH
                                FIRST APPEAL NO. 1300 OF 2022 WITH
                                 FIRST APPEAL NO. 508 OF 2024 WITH
                                FIRST APPEAL NO. 4792 OF 2023 WITH
                                FIRST APPEAL NO. 1302 OF 2022 WITH
                                FIRST APPEAL NO. 1298 OF 2022 WITH
                                FIRST APPEAL NO. 1299 OF 2022 WITH
                        CIVIL APPLICATION NO. 9431 OF 2023 IN FA/670/2026
                                              ...
                                          CORAM : S. G. CHAPALGAONKAR, J.

                                           DATED : JULY 02, 2026
                                                         1115-ca-4034-2026.odt
                                   (2)


PER COURT :-

1.            Heard learned advocates appearing for respective parties.

2.            The applicants seeks to condone delay of 2253 days

caused in filing appeal against award passed by Reference Court.

3.            Perusal of reasons as stated in application suggest that

due to financial difficulties and inadequacy of knowledge regarding

Court procedure, impeded applicants from filing appeal within time.

Apparently, applicants are litigating for getting just compensation

towards acquired land. In that view of matter, case is made out to

condone delay subject to certain conditions.

4.            Hence, application is allowed. Delay of 2253 days caused

in filing appeal is condoned, subject to condition that applicants shall

furnish an undertaking with Registrar (Judicial) of this Court that

they shall not claim interest and statutory benefits for delayed period,

in case, they succeed in appeal.

5.            Appeal be registered subject to removal of office

objections.

6.            List matters on 16.07.2026.




                                         (S.G. CHAPALGAONKAR, J.)




Mujaheed//

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