Bombay High Court

DAGDU MAHARU KHAIRNARversusTHE COLLECTOR JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay, subject to the appellant’s undertaking not to claim any statutory benefit or interest for the period of delay.

Summary

The applicant, Dagdu Maharu Khairnar, filed a civil application seeking condonation of a 2,716‑day delay in filing his first appeal for enhancement of compensation. The delay was attributed to financial constraints that prevented him from raising the necessary funds within the limitation period. The court noted that the appellant’s statutory right would be jeopardized without condonation. It therefore condoned the delay, imposing a condition that the appellant execute an undertaking not to claim any statutory benefit or interest for the period of delay. The undertaking must be filed within four weeks, after which the first appeal will be registered and the application disposed.

Issues considered

Whether a delay of 2,716 days in filing a first appeal can be condoned under the law.
Whether the appellant may claim statutory benefits or interest for the period of delay if condonation is granted.

Subjects

condonation of delay
limitation period
first appeal
compensation enhancement
statutory benefit
interest
civil procedure

Judgment

2026:BHC-AUG:38807




                                                    1                    962 ca 6617.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CIVIL APPLICATION NO. 6617 OF 2026
                                          IN
                          FIRST APPEAL STAMP NO. 14941 OF 2026

                        Dagdu Maharu Khairnar                     ..   Applicant

                             Versus

                        The Collector, Jalgaon and others         ..   Respondents

                 Shri Arun H. Koralkar, Advocate for the Applicant.
                 Mrs. V. S. Choudhari, A.G.P. for the Respondent Nos. 1 and 3.
                 None appears for the Respondent Nos. 2 and 4.

                                   CORAM : MANJUSHA A. DESHPANDE, J.
                                    DATE : 27TH AUGUST, 2026.

                 ORDER :


                 .      This application is filed for condonation of delay of 2716
                 days caused in filing the first appeal. The first appeal is filed by
                 the claimant for enhancement of the compensation.


                 2.     After issuance of notice, though served none appears for
                 the respondent Nos. 2 and 4. The learned A. G. P. appears for
                 the respondent Nos. 1 and 3.


                 3.     The delay occurred in filing the first appeal has been
                 explained in para Nos. 3 and 4 of the application. It is due to the
                 financial constraint the time was required to collect the funds
                 and due to the same the appeal could not be filed within the
                                   2                   962 ca 6617.26

period of limitation. The statutory right of the appellant would
be affected if the delay is not condoned. Therefore, the delay is
condoned in the interest of justice subject to the condition that
the appellant – claimant shall furnish an undertaking before the
Registrar (Judicial) of this Court mentioning that he will not
claim any statutory benefit and interest for the period of delay
occurred in filing the first appeal.    The undertaking shall be
submitted within a period of four (04) weeks from the date of this
order. Copy of this order shall be kept with the first appeal for
the reference.


4.    For the reasons stated in the application, the civil
application is allowed. The delay stands condoned. Office shall
register the first appeal. The civil application stands disposed of.



                              [ MANJUSHA A. DESHPANDE J. ]


bsb/Aug. 26

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