15-CA.10436.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 10436 OF 2026 IN X-OBJST/22188/2026 IN FIRST APPEAL NO.1149 OF 2021 Prabhakar Hari Khadke And Ors. VERSUS The State Of Maharashtra, Through Colletor, Jalgaon And Ors. ... Advocate for Applicant : Mr.Sachin Bhalerao h/f. Mr. A.B.Kale AGP for Respondents 1 and 2: Mr.B.V.Virdhe Advocate for Respondent no.3 : Mr.G.S.Khaire h/f. Mr.S.S.Dande ... CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 09, 2026 ORDER :- Feeling aggrieved by the judgment and award dated 12.12.2017, passed by learned 4th Joint Civil Judge Senior Division, Jalgaon, in L.A.R. No.261 of 2009, the acquiring body has filed First Appeal. In the said appeal, a Cross-Objection is sought to be filed by the original claimants seeking enhancement in the compensation. There is delay of 326 days caused in filing the Cross-Objection. Hence, present application is filed to condone the delay. 2. The reasons for causing the delay are rendered in paragraphs 2 to 6 of the application. It is submitted that due to financial crises and for want of knowledge as to the proceedings to be taken up for escalation in compensation, the applicants could not 2026:BHC-AUG:41979 2 15-CA.10436.2026 approach their learned advocate within time and therefore delay is caused. The delay is not huge one nor has arisen due to negligence or lethargy. It is further submitted that escalation in the compensation is the statutory right of a party and must not be defeated on technical point of limitation. 3. Learned advocate for the respondent - acquiring body would record his objection that the objection petitioners shall not be entitled for any interest for the delayed period. 4. Considering that the First Appeal is filed by the acquiring body challenging the reference award, I deem it appropriate to allow this application. 5. Hence, the application stands allowed. The delay of 326 days caused in filing the Cross-Objection is condoned. The Cross- Objection be registered. 6. In Cross-Objection issue notice to the respondents. Mr.Khaire and learned AGP waive notice for the respective parties. [AJIT B. KADETHANKAR, J.] ……….. KBP