Bombay High Court
SHEKH KASAM SHEKH USMANversusTHE STATE OF MAHARASHTRA THR DIST. COLLECTOR TAL AND DIST JALNA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court condoned the 2,298‑day delay subject to the applicant’s undertaking not to claim interest or statutory benefits for the delayed period.
Summary
Shekh Kasam Shekh Usman filed a civil application seeking condonation of a 2,298‑day delay in filing an appeal for enhanced compensation on his acquired land. The court noted that the applicant had not appeared before the respondent No. 3 but considered the merits of the condonation request. Relying on the applicant’s reasons, the court allowed the condonation but imposed a condition that the applicant file an undertaking not to claim interest or statutory benefits for the delayed period if his appeal succeeds. The undertaking must be filed within six weeks. The civil application was thereafter disposed of.
Issues considered
- Whether a delay of 2,298 days in filing an appeal can be condoned under civil procedure law
- Whether imposing an undertaking to forgo interest and statutory benefits is a permissible condition for condonation
Subjects
- condonation of delay
- land acquisition compensation
- civil appeal
- interest waiver
- statutory benefits
- civil procedure
Judgment
2026:BHC-AUG:25922
957 CA 8248 24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
957 CIVIL APPLICATION NO. 8248 OF 2024
IN FAST/14345/2024
SHEKH KASAM SHEKH USMAN
VERSUS
THE STATE OF MAHARASHTRA THR DIST. COLLECTOR TAL AND DIST
JALNA AND ORS
...
Advocate for Applicant : Mr. S. M. Kakde
AGP for Respondent nos. 1 & 2 : Mr. S. N. Morampalle
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026
PER COURT :
Heard learned advocate Mr. Kakde appearing for the applicant.
2. Although notice of this application is served upon respondent no. 3,
none appears.
3. The applicant seeks to condone delay of 2298 days caused in filing
appeal. Perused the reasons stated in the application. The applicant is
seeking enhancement of compensation towards his acquired land.
Apparently, the applicant is litigating for getting the compensation. In that
view of the matter, the case is made out to condone the delay subject to
certain conditions. Hence, following order:
ORDER
(A) Civil Application is allowed. Delay of 2298 days is condoned subject
to condition that the applicant shall file an undertaking to the Registrar
(Judicial) of this Court that he shall not claim interest and statutory benefits
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957 CA 8248 24.odt
for the delayed period, in case he succeeds in appeal. Such an undertaking
shall be filed within six weeks from today.
(B) Civil Application is disposed of.
( S. G. CHAPALGAONKAR, J.)
mkd/-
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