Bombay High Court

JAGAN VITTHALRAO KHAVNE.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The Court held that the 1,221‑day delay may be condoned if the applicants undertake not to claim interest or statutory benefits for the delayed period.

Summary

The petitioners, Piraji Bhimrao More and Jagan Vitthalrao Khavne, filed two civil applications seeking condonation of a 1,221‑day delay in filing appeals related to claims for just compensation for acquired land. The State of Maharashtra, represented by the Collector of Jalna, opposed the condonation. The Court examined the submissions and noted that the applicants were pursuing compensation claims, and therefore, the delay could be condoned provided a condition was imposed. The condition required the applicants to file an undertaking to the Registrar (Judicial) that they would not claim interest or any statutory benefit for the period of delay. The Court allowed the applications, condoned the delay subject to the undertaking, ordered the removal of office objections, and scheduled further consideration of the appeals.

Issues considered

Whether a delay of 1,221 days in filing appeals for compensation claims can be condoned by the High Court

Subjects

condonation of delay
civil procedure
compensation for acquisition
interest
statutory benefit
appeals
High Court

Judgment

2026:BHC-AUG:32422
                                             (1)                     914-915.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 44 OF 2026
                                     IN FAST/31876/2025

                               PIRAJI BHIMRAO MORE.
                                      VERSUS
                THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                JALNA AND OTHERS.

                                           AND
                             CIVIL APPLICATION NO. 75 OF 2026
                                     IN FAST/31878/2025

                              JAGAN VITTHALRAO KHAVNE.
                                          VERSUS
               THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                   JALNA AND OTHERS.
                                             ...
               Mr. S M Kakde, Advocate for Applicants.
               Ms. R. R. Tandale and Ms. P. V. Diggikar, AGP for Respondents-
               State.
                                             ...
                                      CORAM : S. G. CHAPALGAONKAR, J.
                                      DATED : 31st JULY, 2026.
               P.C.:-

               1.     Heard learned Advocates appearing for respective parties.

               2.     By these applications, applicants seek to condone delay of
               1221 days caused in filing Appeals.

               3.     The   learned    AGP   vehemently    opposes   prayers       for
               condonation of delay.

               4.     Having considered submissions advanced and reasons as
               stated in applications, this Court finds that applicants are
               litigating for getting just compensation towards acquired land. In
               that view of matter, looking to reasons as employed in application,
               this Court finds that delay can be condoned by imposing certain
               condition.
                                 (2)                       914-915.odt




5.       In result, Civil Applications are allowed.

6.       Delay of 1221 days caused in filing Appeal is hereby
condoned subject to condition that applicants file an undertaking to
Registrar (Judicial) of this Court that they shall not claim interest
and statutory benefit for delayed period. Such an undertaking to
be filed within period of six weeks from today.

7.       Appeals be registered subject to removal of office objections.

8.       On registration of Appeals, place it for further consideration
on 14.08.2026.


                                         (S. G. CHAPALGAONKAR)
                                                  JUDGE
Devendra/July-2026

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