Bombay High Court

SHIVAJI NIVRUTI CHAVAN.versusTHE SPECIAL LAND ACQUISITION OFFICER AND ADDITIONAL COLLECTOR (EARTH QUAKE), OSMANABAD.

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

Holding

The Court held that condonation of the 2,845‑day delay is permissible where the claimant waives interest and statutory benefits for the delayed period.

Summary

The petition filed by Shivaji Nivruti Chavan sought condonation of a 2,845‑day delay in filing an X‑objection to a first appeal that had been preferred by the State. The X‑objection was required under Order 39 of the Code of Civil Procedure but was not raised within the prescribed period. The petitioner’s counsel submitted that the claimant would not seek interest or any statutory benefits for the period of delay. The Court examined whether such a long delay could be condoned in view of the waiver of interest and benefits. Finding no prejudice to the respondents and accepting the waiver, the Court allowed the application and directed the office 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 provisions of the Code of Civil Procedure

Subjects

condonation of delay
X‑objection
Civil Procedure Code
interest waiver
statutory benefits

Judgment

                                                                        926ca8600-26

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                        926 CIVIL APPLICATION NO. 8600 OF 2026
                                 IN X-OBJST/23561/2026

                                    Shivaji Nivruti Chavan.
                                            VERSUS
                The Special Land Acquisition Officer And Additional Collector
                                  (earthquake), Osmanabad.
                                               ...
           Mr. Patil Shashikiran N, Advocate for Applicant
           Mrs. Bharti B. Gunjal, AGP for the Respondents-State
                                             WITH
                               FIRST APPEAL NO. 2976 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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