Bombay High Court

JANYA TANYA BHIL DEAD THROUGH LEGAL REPR. UKHADIBAI.versusTHE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION PROJECT, DHULE AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and allowed the civil application as per Prayer Clause B.

Summary

The petitioner, Janya Tanya Bhil (through legal representative Ukhadibai), filed a civil application against the Special Land Acquisition Officer, Medium Irrigation Project, Dhule and others. The primary procedural issue was a delay of 1,107 days in filing the first appeal, which the petitioner explained in the application. The court examined whether the delay could be condoned. Relying on the explanation provided, the bench held that the delay was satisfactorily justified. Consequently, the civil application was allowed in accordance with Prayer Clause B and the matter was disposed.

Issues considered

Whether a delay of 1,107 days in filing the first appeal can be condoned under the Civil Procedure Code

Subjects

delay
first appeal
condonation of delay
civil procedure
land acquisition

Judgment

2026:BHC-AUG:41406
1 968-CA-7137-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

968 CIVIL APPLICATION NO. 7137 OF 2026
IN FAST/13390/2026

Janya Tanya Bhil Dead Through Legal Repr. Ukhadibai.
VERSUS
The Special Land Acquisition Officer, Medium Irrigation Project, Dhule
And Ors.
...
Adv.M.S. Andhare h/f Mr.Kale Ajeet B.for Applicant.
Mr.Kishor Hoke Patil, AGP for the Respondent/State.
...

CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :

1. There is a delay of 1107 days in filing the First Appeal by the

Claimant. The delay has been satisfactorily explained in Paragraph Nos.2

and 3 of the Civil Application. The learned Addl. G.P. appears for

Respondent Nos.1 and 3. Respondent No. 2 has been duly served,

however, none appears for Respondent No. 2.

2. In view of the above, the Civil Application is allowed in terms

of Prayer Clause [B] and stands disposed of accordingly.

[ MANJUSHA DESHPANDE, J. ]

Sunny Thote

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