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Bombay High Court

GEETABAI EKNATH CHAUGALE.versusTHE STATE OF MAH THR. COLLECTOR OSMANABAD AND ANR.

Disposal
DISPOSED OFF

Holding

The Court condoned the delay in filing the cross‑objections, finding it was not deliberately caused.

Summary

The petitioners, Dattu Yadavrao Mane (deceased) and Geetabai Eknath Chaugale, filed applications seeking condonation of a 4,765‑day delay in filing cross‑objections in two civil suits against the State of Maharashtra. The State, represented by the Collector, and the acquiring body opposed the condonation, arguing that no sufficient reason existed for such a long delay. The Court examined the submissions and found that the delay was not deliberately caused. In the interest of justice, the Court decided to condone the delay, subject to certain conditions. It further clarified that if the compensation awarded is enhanced, the claimants will not be entitled to interest or other statutory benefits for the period of delay. Consequently, the applications for condonation were allowed.

Issues considered

  • Whether a delay of 4,765 days in filing cross‑objections can be condoned under civil procedure law?

Subjects

  • condonation of delay
  • civil procedure
  • cross‑objections
  • interest on compensation
  • statutory benefits
  • justice

Judgment

2026:BHC-AUG:17136


                                                       1                           901 ca.4048.26 anr.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   BENCH AT AURANGABAD.
                              901 CIVIL APPLICATION NO. 4048 OF 2026
                                       IN X-OBJST/10001/2026

                        DATTU YADHAVRAO MANE DIED THR. L.R. MADHUKAR
                                           VERSUS
                                 THE STATE OF MAHARASHTRA,
                        THROUGH COLLECTOR OSMANABAD AND ANOTHER

                                                AND
                                CIVIL APPLICATION NO. 4049 OF 2026
                                        IN X-OBJST/9994/2026

                                GEETABAI EKNATH CHAUGALE
                                         VERSUS
                               THE STATE OF MAHARASHTRA,
                        THROUGH COLLECTOR OSMANABAD AND ANOTHER

                                                     ...
              Mr. Shashikiran N. Patil & Mr. N. S. Birajdar, Advocates for Applicants.
              Mr. S. B. Jadhav, AGP for the State.
              Mr. S. G. Sangle, Advocate for Acquiring Body.
                                                   ...


                                                CORAM : SANJAY A. DESHMUKH, J.
                                                DATE       :   18th April, 2026.

              P.C.:

              1       These applications are filed for condonation of delay of 4765

              days caused in filing the cross-objections.


              2       Heard the learned counsel for the parties.              Perused the

              application.


              3       The learned AGP and the learned counsel for the acquiring body

              strongly opposed the applications and submitted that there is no
                                            2                      901 ca.4048.26 anr.odt


      sufficient reason to condone the delay.


      4     On perusal of the applications, it appears that the delay has not

      been deliberately caused.     Therefore, in the interest of justice, the

      delay deserves to be condoned on certain conditions.


      5     For the reasons stated in the applications, the delay stands

      condoned. The applications stand allowed in the interest of justice.


      6     It is made clear that in case the amount of compensation is

      enhanced, the claimants shall not be entitled for the amount of interest

      and other statutory benefits for the delayed period.



                                            [ SANJAY A. DESHMUKH, J. ]
nga


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