Bombay High Court

SHAHAJI VITHAL CHAVAN.versusTHE SPECIAL LAND ACQUISITION OFFICER AND ADDITIONAL COLLECTOR (EARTHQUAKE), OSMANABAD.

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

Holding

The Court held that the delay of 2,845 days in filing the X‑objection is condoned.

Summary

The petitioner, Shahaji Vithal Chavan, filed an application seeking condonation of a 2,845‑day delay in filing an X‑objection to a first appeal that had been preferred by the State. The objection was required to be filed within the period prescribed under the Civil Procedure Code, but the petitioner argued that he would not claim interest or any statutory benefits for the delayed period. The learned Advocate for the petitioner submitted that the delay was excusable and that the application should be allowed as per Clause (A) of the prayer. The respondents, represented by the Additional Government Pleader, opposed the condonation on the ground of the extensive delay. The Court, after considering the submissions, allowed the application for condonation, directing the office to register the X‑objection and tag it with the appeal. No substantive merits of the underlying land acquisition dispute were addressed.

Issues considered

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

Subjects

condonation of delay
X‑objection
Civil Procedure Code
appeal
land acquisition

Judgment

2026:BHC-AUG:34506
                                                                         923ca8588-23

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         923 CIVIL APPLICATION NO. 8588 OF 2026
                                  IN X-OBJST/23611/2026

                                      Shahaji Vithal Chavan.
                                            VERSUS
                 The Special Land Acquisition Officer And Additional Collector
                                   (earthquake), Osmanabad.
                                                ...
            Mr. Patil Shashikiran N, Advocate for Applicant
            Mrs. M. L. Sangit, AGP for the Respondents-State
                                              WITH
                                FIRST APPEAL NO. 2982 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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