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Bombay High Court

THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS MAHAMANDAL JALGAON AND ANRversusSURESH ZADU SHIROLE AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the delay in filing the appeals is condoned, allowing the appeals to be registered.

Summary

The Executive Director of Tapi Patbandhare Vikas Mahamandal Jalgaon and other applicants filed several civil applications seeking condonation of delay in filing appeals against awards passed by the Reference Court in land‑acquisition matters. The applications were filed under various Fast Track numbers (5993, 5995, 5997, 5999) and were heard by Justice S.G. Chapalgaonkar. The applicants argued that the delay was justified and that the appeals should be allowed to proceed. The Court examined the submissions and found that the reasons advanced were sufficient to merit condonation of the delay. Consequently, the Court ordered that the civil applications be allowed, the delay be condoned, and the appeals be registered after removal of any office objection. The applications were thereafter disposed of.

Issues considered

  • Whether the delay in filing appeals against the Reference Court’s award can be condoned under the Civil Procedure Code.

Subjects

  • delay condonation
  • appeal filing
  • land acquisition
  • reference court award
  • civil procedure

Judgment

2026:BHC-AUG:24839
                                         (1)                     922-ca-5993-2024-Delay.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 5993 OF 2024
                                     IN FAST/12203/2024

                     THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                              MAHAMANDAL JALGAON AND ANR
                                          VERSUS
                              SURESH ZADU SHIROLE AND ORS
                                            …
                                           AND
                            CIVIL APPLICATION NO. 5995 OF 2024
                                     IN FAST/12206/2024

                     THE EXECUTIVE ENGINEER DIRECTOR TAPI
                PATBANDHARE VIKAS MAHAMANDAL JALGAON AND ANR
                                     VERSUS
                      MADHAV RAMESH CHAUDHARI AND ORS
                                       …
                                      AND
                       CIVIL APPLICATION NO. 5999 OF 2024
                                IN FAST/12213/2024

                     THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                              MAHAMANDAL JALGAON AND ANR
                                          VERSUS
                          LILADHAR SHANKAR CHAUDHARI AND ORS
                                            …
                                           AND
                            CIVIL APPLICATION NO. 5997 OF 2024
                                     IN FAST/12210/2024

                 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                            MAHAMANDAL JALGAON AND ANR
                                         VERSUS
                         MADHAV RAMESH CHAUDHARI AND ORS
                                             …
               Mr. Rahul A Tambe, Advocate for Applicants.
                                             ...
                                     CORAM : S. G. CHAPALGAONKAR, J.
                                     DATED : 25th JUNE, 2026.
               P.C.:-

               1.      Heard learned Advocate appearing for applicants.
                           (2)                       922-ca-5993-2024-Delay.odt



2.      By these applications, applicants seek to condone delay
caused in filing Appeals against award passed by Reference Court
in Land Acquisition Reference.

3.      Perused applications. Considering submission advanced and
reasons as in stated Civil Applications, case is made out to condone
delay. Hence, following order is passed:
                                 ORDER
a.      Civil Applications are allowed.

b.      Delay caused in filing Appeals is condone.

c.      Appeals be registered on removal of office objection, if any.

d.      Civil Applications stand disposed of.



                                          (S. G. CHAPALGAONKAR)
                                                   JUDGE
Devendra/June-2026


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