Bombay High Court

BALASAHEB S/O. SAHEBRAO ATULE.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR, COLLECTOR OFFICE, BEED AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the first appeals as it was not intentional, on the condition that the claimants undertake 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 after a delay of about 1,000 days, citing non‑receipt of compensation and the need to obtain a corrected award copy. The court noted that Respondent No.2 was served but did not appear. Accepting the applicants' explanation, the court held that the delay was not intentional and therefore condoned it, subject to an undertaking that the claimants would not seek any statutory benefit or interest for the delayed period. The civil applications were allowed, the first appeals were ordered to be registered, and the applications were disposed of. The order emphasizes judicial discretion in condoning procedural delays to serve the interests of justice.

Issues considered

Whether a delay of approximately 1,000 days in filing first appeals can be condoned.
Whether condonation can be granted without prejudice to the claimants' right to statutory benefits or interest.
Whether the claimants may be barred from claiming interest for the period of delay.

Subjects

delay condonation
first appeal
civil procedure
statutory benefits
interest
judicial discretion
limitation
Maharashtra
District Collector

Judgment

2026:BHC-AUG:38822




                                             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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