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Bombay High Court

KARTUBA @ KADUBA RANGNATH SHELKE AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ANR

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the appeal, subject to an undertaking that no statutory benefits or interest will be claimed for the period of delay.

Summary

The original claimants filed a first appeal 6,810 days after the prescribed period, claiming they were unaware of the procedural requirements. They sought condonation of the delay to claim compensation for land acquired by the State of Maharashtra. The court examined the statutory right to compensation and the explanation for the delay. It held that, given the claimants' right to compensation, the delay could be condoned provided the claimants undertook not to claim statutory benefits or interest for the period of delay. Accordingly, the civil application for condonation was allowed and the matter was disposed of.

Issues considered

  • Whether the delay of 6,810 days in filing the first appeal can be condoned under the Civil Procedure Code
  • Whether the claimants are entitled to compensation despite the delay

Subjects

  • delay condonation
  • civil procedure
  • land acquisition
  • statutory compensation
  • interest waiver
  • first appeal

Judgment

2026:BHC-AUG:42566
                                                   1                       940-CA-6726-2024.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               940 CIVIL APPLICATION NO. 6726 OF 2024
                                          IN FAST/13738/2024

                           Kartuba @ Kaduba Rangnath Shelke And Ors
                                              VERSUS
                  The State Of Maharashtra Through The Collector Jalna And Anr
                                                 ...
             Mr.Patil Vishnu Yadavrao for the Applicants.
             Adv.R.R. Kale h/f Adv.R.J. Nirmal for Respondent No.2.
                                                 ...

                                     CORAM             : MANJUSHA DESHPANDE, J.
                                     DATE              : 10.09.2026
             PER COURT :


             1.              There is a delay of 6810 days in filing the present First

             Appeal by the original Claimants. The said delay has been explained by

             the Applicants in Paragraph Nos. 4 and 5 of the Application. According to

             the Applicants, they were not aware of the procedure required to be

             followed for filing the Appeal and, consequently, the Appeal could not be

             filed within the prescribed period.

             2.              Considering the statutory right of the Claimants to receive

             compensation in respect of their acquired land and the explanation

             offered for the delay in filing the Appeal, the delay deserves to be

             condoned, subject to the Claimants furnishing an undertaking to the

             satisfaction of the Registrar (Judicial) of this Court that they shall not

             claim any statutory benefits or interest for the period of delay.


             Sunny Thote
                                  2                       940-CA-6726-2024.odt


3.             Accordingly, the Civil Application is allowed and stands

disposed of.



                                         [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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