Bombay High Court

BHIKA S/O. LAXMAN TARTE AND ANR.versusTHE STATE OF MAHARSAHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER,, AURANGABAD AND ANR.

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

Holding

The Court may condone the delay on the condition that the petitioners execute an undertaking not to claim interest or statutory benefits for the delayed period.

Summary

The petitioners, Bhika and others, filed a civil application seeking condonation of a 2,735‑day delay in filing an appeal concerning compensation for land acquired by the State of Maharashtra. The delay was attributed to the petitioners' prolonged litigation for just compensation. The Court examined whether the delay could be condoned, considering the petitioners' willingness to undertake not to claim interest or statutory benefits for the delayed period. The Judge held that condonation could be granted provided the petitioners file an undertaking to the Registrar within six weeks. Accordingly, the application was allowed and the matter disposed. The decision emphasizes the Court's discretion to condone procedural delays in civil matters when equitable conditions are imposed.

Issues considered

Whether the Court may condone a delay of 2,735 days in filing an appeal under the Civil Procedure Code

Subjects

condonation of delay
civil procedure
land acquisition
compensation
interest waiver

Judgment

2026:BHC-AUG:32418
                                               (1)                   925-ca-8106-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 8106 OF 2026
                                             IN FAST/21070/2026

                           BHIKA S/O. LAXMAN TARTE AND ANR.
                                            VERSUS
                 THE STATE OF MAHARSAHTRA THROUGH THE SPECIAL
                 LAND ACQUISITION OFFICER,, AURANGABAD AND ANR.
                                               ...
               Mr. D. A. Bide, Advocate for Applicants.
               Mr. S. K. Shirse, 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 this application, applicants seek to condone delay of 2735
               days caused in filing Appeal.

               3.       Perusal of reasoning mentioned in application, it can be seen
               that applicants are litigating for getting just compensation towards
               acquired land. In that view of matter, case is made out to condone
               delay subject to condition that applicants file 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.

               4.       Accordingly, Civil Application stands allowed and disposed
               of.


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

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