Bombay High Court

SURESH SOPAN CHAVAN.versusTHE SPECIAL LAND ACQUISITION OFFICER AND ADDITIONAL COLLECTOR (EARTHQUAKE), OSMANABAD.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: NEERAJ P DHOTE

Holding

The court granted condonation of the 2,845‑day delay in filing the X‑objection as the applicant sought no interest or statutory benefits.

Summary

The applicant filed a civil application seeking condonation of a 2,845‑day delay in filing an X‑objection to a first appeal filed by the State. The applicant argued that no interest or statutory benefits would be claimed for the period of delay. The court considered whether such a lengthy delay could be condoned. Relying on the applicant’s undertaking not to seek any benefit from the delay, the court allowed the condonation. Consequently, the office was directed to register the X‑objection and attach it to the appeal.

Issues considered

Whether a delay of 2,845 days in filing an X‑objection can be condoned under the Civil Procedure Code

Subjects

condonation of delay
X‑objection
civil procedure
appeal
land acquisition

Judgment

2026:BHC-AUG:34505
                                                                         922ca8587-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         922 CIVIL APPLICATION NO. 8587 OF 2026
                                  IN X-OBJST/23608/2026

                                      Suresh Sopan Chavan.
                                            VERSUS
                 The Special Land Acquisition Officer And Additional Collector
                                   (earthquake), Osmanabad.
                                               ...
            Mr. Patil Shashikiran N, Advocate for Applicant
            Mr. K. N. Lokhande, AGP for the Respondents-State
                                              WITH
                                FIRST APPEAL NO. 2981 OF 2018

                                   CORAM : NEERAJ P. DHOTE, J.
                                     Dated : 6th August, 2026
            PER COURT :-

            1.       This is an Application for condonation of 2845 days delay in

            preferring X-Objection by the Claimant in the First Appeal preferred by

            the State. The Application is opposed by the learned AGP.


            2.       The learned Advocate for the Claimant submits that, the

            Claimant will not claim interest and the statutory benefits for the

            delayed period. Hence, for the reasons mentioned in the Application

            the Application is allowed in terms of prayer Clause (A).


            3.       Office to register the X-objection and tag with the Appeal.




                                                            ( NEERAJ P. DHOTE, J.)
 JPChavan




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