Bombay High Court
SHIVAJI S/O. BHANUDAS SALUNKE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, COLLECTOR OFFICE, BEED AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay in filing the first appeals, subject to an undertaking by the applicants not to claim any statutory benefit or interest for the delayed period.
Summary
The applicants filed a group of first appeals against the State of Maharashtra, District Collector, Beed, alleging that they had not received compensation and required time to obtain a corrected award. The appeals were filed after a delay of about 1,000 days, which the applicants explained was due to the pending compensation and the need for legal advice. The Court examined whether such a delay could be condoned and found that the explanation removed any inference of intentional delay. Consequently, the Court condoned the delay on the condition that the applicants execute an undertaking not to claim any statutory benefit or interest for the period of delay. The civil applications were allowed, the delay was condoned, and the first appeals were ordered to be registered, with the civil applications disposed of.
Issues considered
- Whether a delay of approximately 1,000 days in filing first appeals can be condoned under procedural law.
- Whether the applicants' explanation for the delay negates the presumption of intentional delay.
- Whether the applicants may be barred from claiming statutory benefits or interest for the delayed period as a condition of condonation.
Subjects
- delay condonation
- first appeal
- civil application
- statutory benefit
- interest
- procedural law
- justice
Judgment
2026:BHC-AUG:38817
1 963 to 972 ca 6679.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
963 CIVIL APPLICATION NO. 6679 OF 2026
IN
FIRST APPEAL STAMP NO. 14615 OF 2026
Gangadhar Shrirang Atule and another .. Applicants
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
964 CIVIL APPLICATION NO. 6680 OF 2026
IN
FIRST APPEAL STAMP NO. 14628 OF 2026
Annapurna Haribhau Hare,
Since deceased through her L.Rs.
Bhaskar and another .. Applicants
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
965 CIVIL APPLICATION NO. 6681 OF 2026
IN
FIRST APPEAL STAMP NO. 14606 OF 2026
Vishnu Bhaurao Hake
Since deceased through her L.Rs.
Shakuntala Vishnupant Hake and others.. Applicants
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
966 CIVIL APPLICATION NO. 6682 OF 2026
IN
FIRST APPEAL STAMP NO. 14610 OF 2026
2 963 to 972 ca 6679.26
Shivaji Bhanudas Salunke and others .. Applicants
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
967 CIVIL APPLICATION NO. 6684 OF 2026
IN
FIRST APPEAL STAMP NO. 14608 OF 2026
Hanumant Mukund Nakure .. Applicant
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
968 CIVIL APPLICATION NO. 6685 OF 2026
IN
FIRST APPEAL STAMP NO. 14604 OF 2026
Vishnu Achutrao Shinde
Since deceased through his L.Rs.
Kamlabai and others .. Applicants
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
969 CIVIL APPLICATION NO. 6686 OF 2026
IN
FIRST APPEAL STAMP NO. 14612 OF 2026
Parwatibai Hanumant Nakure .. Applicant
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
970 CIVIL APPLICATION NO. 6687 OF 2026
3 963 to 972 ca 6679.26
IN
FIRST APPEAL STAMP NO. 14622 OF 2026
Rajaram Ganpati Nakure
Since deceased through his L.Rs.
Lakhupatibai R. Nakure and others .. Applicants
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
971 CIVIL APPLICATION NO. 6688 OF 2026
IN
FIRST APPEAL STAMP NO. 14624 OF 2026
Balasaheb Sahebrao Atule .. Applicant
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
AND
972 CIVIL APPLICATION NO. 6689 OF 2026
IN
FIRST APPEAL STAMP NO. 14626 OF 2026
Chandrakant Murlidhar Hare and others.. Applicants
Versus
The State of Maharashtra, through
the Dist. Collector, Beed and another .. Respondents
Ms. Tanvi V. Jadhav, Advocate for the Applicants in all matters.
Mrs. Deepali S. Jape, A.G.P. for the Respondent No. 1 in C. A.
No. 6679/2026, C.A. No. 6682/2026, C. A. No. 6686/2026 and C.
A. No. 6689/2026.
Mrs. Dr. K. B. Patil Bharaswadkar, A.G.P. for the Respondent
No. 1 in C. A. No. 6680/2026, C. A. No. 6684/2026 and C. A. No.
6687/2026.
Mrs. V. S. Choudhari, A.G.P. for the Respondent No. 1 in C. A.
No. 6681/2026, C. A. No. 6685/2026 and C. A. No. 6688/2026.
None for the Respondent No. 2 though served.
4 963 to 972 ca 6679.26
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 27TH AUGUST, 2026.
ORDER :
. This group of first appeals is filed by the claimants. On
issuance of notice, though the respondent No. 2 is served, none
appears for the respondent No. 2. The delay in filing appeals is
about 1000 days and some more in some of the appeals.
2. The delay has been properly explained by the applicants in
the applications stating that applicants had not received amount
of compensation and some time was required for taking advise.
So also some time was required for obtaining corrected copy of
award. The delay is satisfactorily explained in para No. 6 of the
applications.
3. In view of the explanation given by the applicants, it does
not appear that the delay is intentional or deliberate. Hence the
delay is condoned in the interest of justice subject to condition
that the applicants – claimants shall give an undertaking before
the Registrar (Judicial) of this Court mentioning that applicants
– claimant will not claim any statutory benefit and interest for
the delayed period. 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 in the first appeals for the reference.
4. For the reasons stated in the application, the civil
5 963 to 972 ca 6679.26
applications are allowed. The delay stands condoned subject to
condition as mentioned above. Office shall register the first
appeals. The civil applications stand disposed of.
[ MANJUSHA A. DESHPANDE J. ]
bsb/Aug. 26
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