Bombay High Court

DEVIDAS AMBADAS JADHAV AND ANRversusTHE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 717‑day delay in filing the cross‑objection and ordered its registration.

Summary

Devidas Ambadas Jadhav and another filed a civil application before the Bombay High Court seeking condonation of a 717‑day delay in filing a cross‑objection related to land acquisition by the State of Maharashtra. The applicant argued that, as claimants whose lands were being acquired, the delay should be excused. The State, represented by its Additional Government Pleader, and the acquiring body, represented by Dr. Kalpalata Bharaswadkar Patil, did not oppose the condonation. The Court, after hearing counsel, was inclined to allow the application, condoned the delay, and ordered the cross‑objection to be registered. The civil application was consequently disposed of. The Court also issued a notice to the respondents for further proceedings and indicated that the pending appeals might be taken up for final disposal if time permits.

Issues considered

Whether a delay of 717 days in filing a cross‑objection can be condoned under the procedural rules.

Subjects

condonation of delay
cross objection
land acquisition
civil application
High Court

Judgment

                           (1)                903-CA-8868-2025




    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

        903 CIVIL APPLICATION NO. 8868 OF 2025
                 IN X-OBJST/8557/2024

             Devidas Ambadas Jadhav And Anr.
                         VERSUS
The State Of Maharashtra Thr. Collector Osmanabad And Ors.
                          WITH
             FIRST APPEAL NO. 1269 OF 2017
                          WITH
             FIRST APPEAL NO. 1227 OF 2014
                          WITH
             FIRST APPEAL NO. 1279 OF 2017
                          WITH
             FIRST APPEAL NO. 1274 OF 2017
                          WITH
             FIRST APPEAL NO. 1275 OF 2017
                          WITH
             FIRST APPEAL NO. 1277 OF 2017
                          WITH
           CIVIL APPLICATION NO. 1303 OF 2024
                     IN FA/1229/2014
                          WITH
             FIRST APPEAL NO. 1270 OF 2017
                          WITH
             FIRST APPEAL NO. 1229 OF 2014
                          WITH
             FIRST APPEAL NO. 1271 OF 2017
                          WITH
             FIRST APPEAL NO. 1273 OF 2017
                          WITH
             FIRST APPEAL NO. 1272 OF 2017
                          WITH
             FIRST APPEAL NO. 1278 OF 2017
               (2)              903-CA-8868-2025




                WITH
CIVIL APPLICATION NO. 1305 OF 2024
           IN FA/1228/2014
                WITH
  FIRST APPEAL NO. 3384 OF 2016
                WITH
  FIRST APPEAL NO. 3385 OF 2016
                WITH
CIVIL APPLICATION NO. 4490 OF 2021
           IN FA/3386/2016
                WITH
CIVIL APPLICATION NO. 4535 OF 2025
       IN X-OBJST/20564/2024
                WITH
  FIRST APPEAL NO. 1281 OF 2017
                WITH
CIVIL APPLICATION NO. 1708 OF 2026
           IN FA/1228/2014
                WITH
  FIRST APPEAL NO. 3387 OF 2016
                WITH
  FIRST APPEAL NO. 1226 OF 2014
                WITH
  FIRST APPEAL NO. 1228 OF 2014
                WITH
  FIRST APPEAL NO. 3382 OF 2016
                WITH
  FIRST APPEAL NO. 1276 OF 2017
                WITH
  FIRST APPEAL NO. 3383 OF 2016
                WITH
  FIRST APPEAL NO. 3386 OF 2016
                WITH
  FIRST APPEAL NO. 1280 OF 2017
                WITH
  FIRST APPEAL NO. 3388 OF 2016
                                    (3)                  903-CA-8868-2025




                                  WITH
                  CIVIL APPLICATION NO. 1301 OF 2024
                             IN FA/1226/2014
                                  WITH
               X-OBJECTION (STAMP) NO. 34645 OF 2018
                             IN FA/1269/2017
                                  WITH
                  CIVIL APPLICATION NO. 4749 OF 2026
                             IN FA/1272/2017
                                    ...
Mr. Ajeet B. Kale, Advocate for Applicant.
Mr. P. K. Lakhotiya, AGP for Respondent-State.
Dr. Kalpalata Bharaswadkar Patil, Advocate for Respondent No.3.
                                  CORAM : KISHORE C. SANT &
                                              JITENDRA JAIN, JJ.

                                  DATE       : 03rd SEPTEMBER 2026.

PC :-

CA/8868/2025

1.      Heard Mr. Kale, the learned Advocate for the Applicant, Dr.

Bharaswadkar, learned Advocate for Respondent and Mr. Lakhotiya, the

learned AGP for Respondent/State.

2.      This civil application is filed seeking condonation of delay of 717

days caused in filing the cross objection.

3.      For the reasons stated in the application and since the applicants

are the claimants whose lands are acquired by the respondent/acquiring
                                           (4)                  903-CA-8868-2025




body, this Court is inclined to allow the application. Application stands

allowed. Delay stands condoned. Office to register Cross-Objection.

4.           Civil application stands disposed off.

CROSS OBJECTION

5.           Heard.

6.           Issue notice to the Respondent, returnable on 15/10/2026.

7.           Learned Advocate Dr. Bharaswadkar waives service of notice for

Respondent/acquiring body.

8.           Learned AGP Mr. Lakhotiya waives service of notice for

Respondent/State.

9.           Since the record and proceeding is received and paper book is also

prepared, the parties are put to notice that, if time permits, this Court

may take up the appeals for final disposal.



     [JITENDRA JAIN, J.]                              [KISHORE C. SANT, J.]
D.A.ETHAPE

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