Bombay High Court

KANTABAI VENKAT RAUT.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court condoned the 4,174‑day delay and allowed the application.

Summary

The applicant filed a civil application seeking condonation of a 4,174‑day delay in filing a cross‑objection. The State opposed, arguing no sufficient reason for condonation. The applicant relied on the Supreme Court’s decision in New Okhla Industrial Development Authority v. Rameshwar Sharma (2022) and a 2025 Bombay High Court decision in Digambar Hanumant Balwad v. State of Maharashtra, which emphasized the need for proper advice to weaker‑section claimants. The court found that the claimant was not properly advised and that the delay was neither deliberate nor intentional. In the interest of justice, the court allowed the application, condoned the delay, and disposed of the matter.

Issues considered

Whether a delay of 4,174 days in filing a cross‑objection can be condoned under civil procedure law.

Subjects

condonation of delay
cross‑objection
civil procedure
farmers
weaker sections
interest of justice

Judgment

                                               928 CA NO. 560 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            928 CIVIL APPLICATION NO. 560 OF 2026
                     IN X-OBJST/1212/2026

                        Kantabai Venkat Raut
                               VERSUS
The State Of Maharashtra Through The Collector Osmanabad And
                                 Ors.
                                  ...
Mr. Ingale Vivekanand V., Advocate for Applicant
Mr. V. V. Jahagirdar, AGP for Respondent/state
                                 ….

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 17.01.2026
PER COURT :-

1.          Heard.


2.          This is an application for condonation of delay of 4174

days caused in filing the Cross-Objection.


3.          The learned AGP for respondent State strongly

opposed the application and submitted that there is no sufficient

reason to condone the delay.


4.          Learned advocate for the applicant is relying upon the

judgment of the Hon’ble Supreme Court passed in Civil Appeal

No.8331-8345 of 2022 in the case of New Okhla Industrial

Development Authority Vs. Rameshwar @ Ramesh Chandra

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                                   (( 2 ))         928 CA NO. 560 OF 2026


Sharma (Dead) Through Legal heir & Anr. decided on 17.11.2022.

He prayed to allow the application.



5.        This Court, in First Appeal No. 9 of 2013 and other

connected appeals decided on 03.12.2025, in the case of Digambar

Hanumant Balwad Vs. The State of Maharashtra and others has held

that the claimants are farmers belonging to the weaker sections of

society except the exceptions and that the decision to file an appeal or

a cross-objection depends upon the advice given to the claimants.



6.        Perused the application.        For the reasons stated in the

application, it appears that the claimant was not properly advised to

file the cross-objection within the period of limitation. In view of the

Judgment in New Okhla (supra), it is held that the farmer is entitled

to compensation at par with similarly situated landowners.

Therefore, though there is a huge delay of 4174 days caused in filing

the cross-objection, the application deserves to be allowed in the

interest of justice as the delay is neither deliberate nor intentional.

Hence, the following order:

                              ::ORDER::

a.        Civil Application is allowed.



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                                    (( 3 ))     928 CA NO. 560 OF 2026


b.         The delay of 4174 days caused in filing the Cross-Objection

is hereby condoned.

c.         The application is disposed of.



                        IN X-OBJST/1212/2026


1.          Issue notice to the respondents. Learned AGP waives

service of notice for respondents-State.

2.          First Appeal No.1591 of 2014 be tagged with the present

Cross-Objection and be listed on 20.01.2026.



                                 [ SANJAY A. DESHMUKH, J. ]

HRJadhav




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