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Bombay High Court

TURAB JAMALSAB SHAIKH DIED THR LRS BISMILLA DIED THR LRS BASHIR AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay, subject to an undertaking that the claimants will not claim any statutory benefit or interest for the delayed period.

Summary

The claimants, whose land was acquired for a government project, filed applications seeking condonation of a 6,595‑day delay in filing their appeals. They explained the delay by citing the COVID‑19 pandemic and their financial difficulties. The Court examined whether such an extensive delay could be condoned. It held that the delay could be condoned provided the claimants gave an undertaking not to claim any statutory benefit or interest for the period of delay. Accordingly, the civil applications were allowed, the delay was condoned subject to the condition, and the appeals were ordered to be admitted after removal of any office objections. The applications were then disposed of.

Issues considered

  • Whether a delay of 6,595 days in filing appeals can be condoned under procedural law.

Subjects

  • condonation of delay
  • civil appeal
  • land acquisition
  • COVID-19
  • statutory benefit
  • interest
  • procedural law

Judgment

2026:BHC-AUG:38245
                                                1                         983 CA 5548-2026.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             983 CIVIL APPLICATION NO. 5548 OF 2026
                              IN FIRST APPEAL (ST) NO. 8768 OF 2026
                                              WITH
                     CIVIL APPLICATION NO. 5551 OF 2026 IN FAST/8808/2026
                                              WITH
                     CIVIL APPLICATION NO. 5549 OF 2026 IN FAST/8812/2026

               TURAB JAMALSAB SHAIKH DIED THROUGH L.RS. BISMILLA DIED
                          THROUGH L.RS. BASHIR AND OTHERS
                                      VERSUS
              THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND
                                     ANOTHER

                                                 …
             Mr. Shashikiran N. Patil – Advocate for Applicants
             Ms. M.L. Sangit – AGP for Respondent No.1/State
                                                 …

                                    CORAM           : MANJUSHA DESHPANDE, J.
                                    DATE            : 21.08.2026

             PER COURT :
             1.      These applications are filed for condonation of delay of 6595 days

             in filing the appeals by the claimants. Respondent No.2 is the contesting

             respondent. Though the respondents are served, none has caused

             appearance.


             2.      It is submitted that the claimants have been deprived of their land

             on account of the project and compulsory acquisition thereof. The delay

             has been sufficiently and satisfactorily explained in paragraphs 2 and 3 of

             the applications. Various grounds, including the COVID-19 pandemic
                                     2                         983 CA 5548-2026.odt


situation and the financial condition of the applicants, have been

attributed to the delay.


3.       In view of the explanation given for the delay, the delay in filing

the appeals deserves to be condoned, subject to the claimants furnishing

an undertaking to the satisfaction of the Registrar (Judicial) of this Court

that they shall not claim any statutory benefit or interest on the amount

for the delayed period. Accordingly, the delay of 6595 days stands

condoned, subject to the aforesaid condition. The Civil Applications are

allowed in terms of prayer clause ‘A’.


4.       The appeals be placed for admission after removal of office

objections, if any.


5.       The Civil Applications are accordingly disposed of.




                                            [ MANJUSHA DESHPANDE, J. ]




Pooja Kale/


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