RAMJI MANIKRAO PATIL v. THE STATE OF MAHARASHTRA AND ANOTHER
CA/6433/2014 · 2026-03-18
Shri Sanjay A Deshmukh
Civil Appealbody2014
DailyLaw.ai
[ 2014 DAILYLAW 2593 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2014 DAILYLAW 2593 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
927 CANO. 6433 OF 2014.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 6433 OF 2014 IN FAST/29926/2013 Ramji Manikrao Patil VERSUS The State Of Maharashtra And Another ... Mr. S. S. Halkude, Advocate for Applicant Mr. S. G. Joshi, AGP for Respondents/State …. CORAM : SANJAY A. DESHMUKH, J.
DATE : 18.03.2026 PER COURT :-
1. Heard. 2. This is an application for condonation of delay of 2294 days caused in filing the first appeal. 3. The learned advocate for the applicant submitted that the delay caused in filing the first appeal was not deliberate. It occurred because the appellant was illiterate farmer having no knowledge of legal proceedings. There was communication gap between the advocate and the applicant. Until the acquiring body deposited the amount, the claimant was not intimated about the receipt of the certified copy of the impugned judgment and award, therefore, the delay was caused. He further submitted that 1 of 3
(( 2 )) 927 CANO. 6433 OF 2014 valuable rights of the applicant to receive compensation are involved, and if the delay is not condoned, he would suffer economic loss. Therefore, he prayed for condonation of delay
4. The learned AGP for respondent / State strongly opposed the application and submitted that there is no sufficient reason to condone the delay. He prayed to reject the application. 5. Perused the application. The applicant is agriculturist. Admittedly, L.A.R. No. 285 of 2002 was decided on 12.04.2007, and the application was filed on 21.10.2013, thus, a delay of more than five years has been caused. Considering the status of the applicant and the law laid down by the Hon’ble Supreme Court in Civil Appeal No.8331-8345 of 2022 in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal heir & Anr. decided on 17.11.2022, the Court has dealt with such cases by taking a liberal view. The applicant is a poor agriculturist, therefore, costs cannot be saddled upon him. Considering the fact that the delay is not deliberately caused, the application deserves to be allowed in the interest of justice. Hence, the following order: 2 of 3
(( 3 )) 927 CANO. 6433 OF 2014 ::ORDER:: a. Civil Application is allowed. b. The delay of 2294 days caused in filing the first appeal is condoned.
c. It is clarified that the applicant shall not be entitled to interest and statutory benefits for the delayed period. To that effect, the applicant shall file an undertaking to Registrar (Judicial) of this Court stating that he shall not claim interest and statutory benefits for the delayed period on enhanced compensation, in case, his appeal is favourably considered. Such an undertaking to be filed within a period of two (02) weeks from today and shall be made part of the compilation. FIRST APPEAL
1. Issue notice to the respondents, returnable on
15.04.2026. 2. Learned AGP waives service of notice for Respondents/State. 3. Call for Record and Proceedings. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3