Bombay High Court

GANGADHAR RAMCHANDRA KALE SINCE DECEASED THR LRSversusTHE STATE OF MAHARASHTRA THR SPECIAL LAND ACQUISITION OFFICER

Decided: 11 August 2026
Disposal: Disposed Off

Holding

The Court condoned the delay in filing the first appeal, subject to the condition that the appellant will not claim interest for the period of delay.

Summary

The appellants filed an interim application seeking condonation of a delay of five years and 312 days in filing their first appeal against the State of Maharashtra. Relying on the Supreme Court decision in Dhiraj Singh v. State of Haryana, they argued that the delay could be condoned provided they waive any claim for interest during the period of delay. The Court accepted an undertaking dated 3 August 2026, in which the appellants agreed not to claim interest, and recorded it as a valid undertaking. Applying the ratio of the Supreme Court case, the Court allowed the condonation of delay. The first appeal was admitted and the appellant was directed to file the paper book within one year.

Issues considered

Whether a delay of five years and 312 days in filing the first appeal can be condoned?
Whether the appellant may be barred from claiming interest for the period of delay as a condition of condonation?

Subjects

condonation of delay
first appeal
interest waiver
Supreme Court precedent
Civil appellate jurisdiction

Judgment

                                                                   36-fast10402-2026 with ia5700-2026.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                     FIRST APPEAL (ST.) NO. 10402 OF 2026
                                                    WITH
                                    INTERIM APPLICATION NO.5700 OF 2026

                      Gangadhar Ramchandra Kale,
                      since deceased through LRs                       … Appellant
                                 V/s.
                      The State of Maharashtra                         … Respondent
ATUL
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
                      Mr. Anish Kikle i/by Mr. Pratik B. Rahade for the
KULKARNI
Date: 2026.08.11
18:37:46 +0530
                      appellant/applicant.
                      Mr. A.R. Patil, Additional G.P. for the respondent-State.


                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : AUGUST 11, 2026
                      P.C.:
                      Interim Application No.5700 of 2026:

                      1.      The claimants have filed present interim application seeking
                      condonation of delay in filing the first appeal. There is delay of 5
                      years 312 days in filing the first appeal.

                      2.      Relying on the judgment of the Supreme Court in the case of
                      Dhiraj Singh vs. State of Haryana, (2014) 14 SCC 127, it is
                      submitted that in similar circumstances where the claimants in
                      relation to other similarly situated lands got their claim enhanced,
                      the Supreme Court condoned the delay with a condition that the
                      claimant shall not claim interest for the period of delay.




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                                         36-fast10402-2026 with ia5700-2026.doc


3.    Accordingly, the applicants have filed undertaking dated 3
August 2026 stating that from the date of Award till the date of
appeal, the claimants shall not claim interest. The undertaking is
accepted as an undertaking to the Court. It is taken on record and
marked ‘X’ for identification.

4.    Considering the ratio of the Supreme Court in Dhiraj Singh
vs. State of Haryana, the interim application seeking condonation
of delay is allowed in terms of prayer clause (a).

First Appeal (St.) No.10402 of 2026:

5.    Admit.

6.    Appellant to file paper book within one year from today.


                                              (AMIT BORKAR, J.)




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