RANGNATH NIVRUTTI BARKULE v. THE STATE OF MAHARASHTRA AND ORS
CA/2577/2019 · 2026-02-02
body2019
DailyLaw.ai
[ 2019 DAILYLAW 3255 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 3255 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 19.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2577 OF 2019 IN FAST/36227/2018 RANGNATH NIVRUTTI BARKULE VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Applicant : Mr. Shirsat Suhas R. AGP for Respondent Nos. 1 & 2 : Mr. V.S. Badakh Advocate for Respondent No. 3 : Ms. Vaishali S. Swami h/f. Mr. M.C. Swami ...
CORAM : RAJNISH R. VYAS, J.
DATE : 02ND FEBRUARY, 2026 PER COURT :
1. This is an application for condonation of delay in preferring an appeal challenging the judgment and award passed by the Reference Court.
2. The claimants sought enhancement of the compensation granted but while filing the appeal, delay of 563 days has occurred.
3.
Learned counsel for the applicant submitted that the applicant is a poor person and is residing in remote area of village Rohina, Taluka Partur, District Jalna, and therefore, he was not aware about the procedural niceties. He submitted that it took time for arranging the Court fees as well as seeking advices from the lawyer and filing of 2026:BHC-AUG:4533
2 19.odt the appeal. He submits that he will not claim interest for the delayed period and is ready to give undertaking to that effect.
4.
Learned counsel for the acquiring body has stated that he has no objection if the application is allowed but he submits that undertaking be directed to be given by the applicant stating that they will not claim the interest for the delayed period.
6. Learned APP has requested to pass appropriate order.
7. I have gone through the record of the case and more particularly an application. In the application, it has been stated that the applicant is a poor person and was not having the knowledge of the award passed and it is due to economic condition that the Court fees could not be arranged. In an application, it is also stated that the delay is bonafide and not intentional. Record shows that the applicant resides in a remote area and his economic resources were limited. The record further shows that the acquired land was only source of income for him.
8. Considering the fact that by the acquisition of land the applicant is deprived of his property, I find that condoning the delay would be in the interest of justice, and therefore, order is passed :
ORDER i. Application for condonation of delay is allowed. ii. The delay of 563 days is condoned.
3 19.odt iii. The applicant shall not claim the interest for the delayed period and will file undertaking to that effect within a period of four weeks from today. iv. First Appeal be registered.
( RAJNISH R. VYAS, J. ) SPC