10172.23ca (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 10172 OF 2023 IN FAST/15727/2023 GEETABAI VIJAY RATHOD VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS …. Mr D. M. Kakade, Advocate for applicant Mr S. K. Shirse, A.G.P. for respondent Nos.1 & 2 CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 4th July, 2025 PER COURT: 1. Heard Advocate Mr Kakade, learned counsel for the applicant and the learned A.G.P. appearing for the respondent Nos.1 and 2. 2. The applicant is seeking condonation of delay of 1798 days in filing the first appeal, seeking enhancement of compensation against acquisition of her land. 3. Learned counsel for the applicant submits that the delay is unintentional and it occurred since the applicant/appellant who is farmer was not aware about need to file appeal immediately. It is submitted that the applicant wants to litigate for award of just 2025:BHC-AUG:17433 10172.23ca (2) compensation towards acquisition of her land. It is stated that the delay occurred on account of lack of knowledge of legal proceedings and financial duress. 4. In that view of the matter, in light of the law laid down by the Hon’ble Supreme Court in case of Suresh Kumar Vs. State of Haryana and others with connected appeals (arising out of SLP (C) No.670/20220), this application is allowed, subject to condition that the applicant files an undertaking to the satisfaction of the Registrar (Judicial) of this Court that the applicant shall not claim interest and statutory benefits for the delayed period, in case her appeal for enhancement of compensation is favourably considered. Undertaking shall be filed within a period of eight weeks from today, which shall be made part of the first appeal. 5. The civil application is disposed of. 6. Appeal be registered subject to removal of all office objections. (PRAFULLA S. KHUBALKAR, J.) sjk