Bombay High Court

SAKRU THANU CHAVANversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR/SPECIAL LAND ACQUISITION OFFICER, AURANGABAD AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The Court held that the delay may be condoned, but the petitioners are not entitled to statutory benefits or interest for the delayed period.

Summary

The petitioners, Trimbak Thanu Chavan and others, filed a civil application seeking condonation of a 4,394‑day delay in preferring their first appeals. The respondents, the State of Maharashtra through the Collector/Special Land Acquisition Officer, contested the application. The Court examined whether such an extensive delay could be justified and whether the petitioners were entitled to statutory benefits and interest for the delayed period. Finding no evidence of an oblique motive on the part of the petitioners, the Court allowed the condonation of delay but expressly denied any statutory benefits or interest. The application was consequently allowed on the condition that the petitioners forgo the interest and statutory benefits, and the matter was set for final disposal.

Issues considered

Whether a delay of 4,394 days in filing first appeals can be condoned under the applicable procedural law.
Whether the petitioners are entitled to statutory benefits and interest for the period of delay.

Subjects

condonation of delay
first appeal
statutory benefits
interest
civil procedure
High Court

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

           76 CIVIL APPLICATION NO. 7489 OF 2025
                     IN FAST/12911/2025

               TRIMBAK THANU CHAVAN
                       VERSUS
  THE STATE OF MAHARASHTRA THROUGH COLLECTOR/
 SPECIAL LAND ACQUISITION OFFICER, AURANGABAD AND
                        ANR

                           WITH
            CIVIL APPLICATION NO. 7490 OF 2025
                    IN FAST/12912/2025
                              ...
        Advocate for Applicants : Mr. Kanawade Ajay T.
      AGP for Respondent/s-State : Mr. S. N. Morampalle.
                              ...

                            CORAM :   SHAILESH P. BRAHME, J.
                            DATE :    18.03.2026
PER COURT :-


1.    Heard both sides.


2.    Applicants seek to condone delay of 4394 days in

preferring first appeals.


3.    Application is contested by the respondents. There is no

reason to infer any oblique motive on the part of the applicants

to cause delay. Applicants are ready to forego the interest and

statutory benefits for the delayed period. The delay stands

condone.
4.      Civil   applications are         allowed     on condition that

applicants shall not be entitled to statutory benefits and the

interest for the delayed period.


First Appeals


5.      Issue notice for final disposal to the respondents at the

admission stage, returnable on 15.04.2026.


6.      Learned     AGP    waives          service     of   notice   for

respondent/State.


7.      Call for Record and Proceedings from the concerned

Court.


8.      Print is dispensed with.




                                           (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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