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2026 DAILYLAW 4977 (BOM)

DAGDU MAHARU KHAIRNAR v. THE COLLECTOR JALGAON AND ORS.

CA/6617/2026 · 2026-08-27

body2026

Judgment text

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1 962 ca 6617.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6617 OF 2026 IN FIRST APPEAL STAMP NO. 14941 OF 2026 Dagdu Maharu Khairnar .. Applicant Versus The Collector, Jalgaon and others .. Respondents Shri Arun H. Koralkar, Advocate for the Applicant. Mrs. V. S. Choudhari, A.G.P. for the Respondent Nos. 1 and 3. None appears for the Respondent Nos. 2 and 4. CORAM : MANJUSHA A. DESHPANDE, J. DATE : 27TH AUGUST, 2026. ORDER : . This application is filed for condonation of delay of 2716 days caused in filing the first appeal. The first appeal is filed by the claimant for enhancement of the compensation. 2. After issuance of notice, though served none appears for the respondent Nos. 2 and 4. The learned A. G. P. appears for the respondent Nos. 1 and 3. 3. The delay occurred in filing the first appeal has been explained in para Nos. 3 and 4 of the application. It is due to the financial constraint the time was required to collect the funds and due to the same the appeal could not be filed within the 2026:BHC-AUG:38807 2 962 ca 6617.26 period of limitation. The statutory right of the appellant would be affected if the delay is not condoned. Therefore, the delay is condoned in the interest of justice subject to the condition that the appellant – claimant shall furnish an undertaking before the Registrar (Judicial) of this Court mentioning that he will not claim any statutory benefit and interest for the period of delay occurred in filing the first appeal. The undertaking shall be submitted within a period of four (04) weeks from the date of this order. Copy of this order shall be kept with the first appeal for the reference. 4. For the reasons stated in the application, the civil application is allowed. The delay stands condoned. Office shall register the first appeal. The civil application stands disposed of. [ MANJUSHA A. DESHPANDE J. ] bsb/Aug. 26