MOTILAL ARJUN MALI. v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALGAON AND ORS.
CA/3447/2026 · 2026-08-06
Shri S G Chapalgaonkar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1629 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1629 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 ca 3446.2026+2.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 3446 OF 2026 IN FAST/4323/2026 Sahebrao Arjun Mali. VERSUS The State Of Maharashtra Through Its Collector Jalgaon And Ors. … WITH CIVIL APPLICATION NO. 3447 OF 2026 IN FAST/4319/2026 Motilal Arun Mali VERSUS The State Of Maharashtra Through Its Collector Jalgaon And Ors. ... WITH CIVIL APPLICATION NO. 3445 OF 2026 IN FAST/4314/2026 Kailas Bhaskar Patil (Mahajan) VERSUS The State Of Maharashtra Through Its Collector Jalgaon And Ors. … Mr. Vijay Bhalerao Patil, Advocate for Applicants. Mr. K.S. Patil AGP for respondent State Mr. Subhash S. Chillarge, Advocate for Respondent No.3. ... CORAM : S. G. CHAPALGAONKAR, J. DATED : 6th August, 2026 … P.C.:-
1. Heard learned Advocates appearing for respective parties. 2. By these applications, applicant/s seek to condone the delay of 4943 days caused in filing Appeals. 3. Perused reasons as stated in applications. The applicants state that they had obtained certified copies of judgment and Award passed by Reference Court. Thereafter, they had handed over documents to Advocate for filing First Appeals. Their applications for delay condonation in First Appeals were verified. They were under bonafide impression that process of filing Appeals alongwith delay condonation applications is going on. Lastly, they came to know that no Appeals are filed on their behalf. Thereafter, they 2026:BHC-AUG:34203
2 ca 3446.2026+2.odt collected all documents from Advocate and filed Appeals. The delay caused in filing Appeals is not intentional and deliberate. 4. The learned Advocate appearing for applicant/s during course of argument submits that applicant/s would not claim interest and statutory benefit for delayed period, in case delay is condoned and Appeals are taken up for hearing on merits. 5. Per contra, Mr. Chillarge, learned Advocate appearing for Acquiring Body vehemently opposed applications. He submits that explanation tendered by applicants does not constitute sufficient cause to condone inordinate delay caused in filing Appeals. 6. Having considered submissions advanced by learned Advocates appearing for respective parties, it can be observed that applicants have stipulated reasons for inordinate delay from paragraph nos.6 to 14 of applications. The reasons as stated are not controverted by respondent by filing affidavit-in-reply. The applicants are litigating for getting just compensation of acquired land.
Considering nature of litigation and reasons as stated in applications, this Court finds that delay can be condoned by imposing necessary condition that would protect interest of respondent/Authorities. 7. In result, Civil Applications are allowed. Delay of 4943 days caused in filing Appeals is condoned subject to condition that each of applicants files independent undertaking with Registrar (Judicial) of this Court that, in case applicants succeed in Appeals and gets enhanced Award, they shall not claim interest and statutory benefit for delayed period. Such an undertaking to be filed within period of six weeks from today. (S. G. CHAPALGAONKAR) JUDGE ... aaa/-