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Bombay High Court

TUKARAM GANGADHAR WAGHMAREversusTHE EX. ENGINEER, MINOR IRRIGATION DIV. JALNA AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 274‑day delay in filing the appeal.

Summary

The applicant, Tukaram Gangadhar Waghmare, filed an application seeking condonation of a 274‑day delay in filing a first appeal against a judgment and award of compensation by the reference court. He argued that severe financial distress, exacerbated by waiting for agricultural income in April 2017, prevented timely filing. The respondent opposed the condonation. The bench, noting the applicant's deprivation of land and financial hardship, deemed it appropriate to condone the delay. The application was allowed, the delay condoned, and the applicant was directed to file an undertaking not to claim interest for the delayed period, after which the first appeal will be registered.

Issues considered

  • Whether a delay of 274 days in filing a first appeal can be condoned under the applicable procedural law
  • Whether the applicant can be barred from claiming interest for the period of delay

Subjects

  • condonation of delay
  • civil appeal
  • compensation
  • land deprivation
  • financial hardship
  • interest waiver

Judgment

2026:BHC-AUG:4537


                                                   1                              27.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 7240 OF 2022
                                      IN FAST/18216/2020
                         TUKARAM GANGADHAR WAGHMARE
                                          VERSUS
               THE EX. ENGINEER, MINOR IRRIGATION DIV. JALNA AND ORS
                                             ...
                         Advocate for Applicant : Mr. Humbe Vilas M.
                        AGP for Respondent No. 1 : Ms. A.S. Deshmukh
                                             ...

                                                    CORAM : RAJNISH R. VYAS, J.
                                                    DATE : 02ND FEBRUARY, 2026

              PER COURT :

              1.           This is an application for condonation of delay preferred by

              the original claimant, in preferring an appeal challenging the judgment

              and award passed by the reference Court.

              2.           In an appeal prayer is made to enhance compensation

              granted by the reference Court.

              3.           The delay of 274 days in filing an appeal is tried to be

              explained by the counsel for applicant on the ground that the applicant

              was facing financial crises and when he received certain amount from

              agricultural income in the month of April, 2017, he approached the

              concerned lawyer for filing of the First Appeal. It is submitted that in this

              background, the delay has been caused.
                                     2                              27.odt


4.           The request is opposed by the respondent.

5.           Considering the fact that the applicant who is deprived of his

land and since the applicant was facing financial crises, I deem it fit to

condone the delay of 274 days.

6.           Application is allowed. Delay is condoned.

7.           Learned counsel for the applicant submits that he will not

claim the interest of delayed period. Accordingly, he is directed to file the

undertaking to that effect within a period of four weeks from today.

8.           First Appeal be registered.




                                                ( RAJNISH R. VYAS, J. )



SPC


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