14959.23ca (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 14959 OF 2023 IN FAST/32682/2023 NAMDEV RAGHUNATH BARKULE AND ANR VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. …. Mr D. M. Kakade, Advocate for applicants 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 applicants and the learned A.G.P. appearing for the respondent Nos.1 and 2. 2. The applicants are seeking condonation of delay of 500 days in filing the first appeal, seeking enhancement of compensation against acquisition of their lands. 3. Learned counsel for the applicants submits that the delay is unintentional and it occurred since the applicants/appellants who are farmer were not aware about need to file appeal immediately. It is submitted that the applicants want to litigate for award of just 2025:BHC-AUG:17438 14959.23ca (2) compensation towards acquisition of their 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 applicants file an undertaking to the satisfaction of the Registrar (Judicial) of this Court that the applicants shall not claim interest and statutory benefits for the delayed period, in case their 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