Gulab Laxman Patole And ORS v. State Of Maharashtra And ORS

2025:BHC-AUG:19033 {1} CA 2110 OF 2022 & ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 2110 OF 2022 IN FAST/1341/2020 WITH CIVIL APPLICATION NO. 2111 OF 2022 IN FAST/1338/2020 ....

GULAB LAXMAN PATOLE AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Nileshsingh J. Patil AGP for Respondent nos.1 & 2 : Mr.N.D.Batule ...

CORAM : ABHAY S. WAGHWASE, J.

DATE : 21 JULY, 2025 PER COURT :- 1.

These applications are filed by the claimants for condonation of delay of 1623 days caused in filing first appeals against the judgment and order dated 02-05-2015 passed by the learned Joint Civil Judge, Senior Division, Aurangabad in LAR Nos.460 of 2012 and 465 of 2012.

2.

Learned AGP opposed applications stating that delay is not properly explained. It is further submitted that, if at all this Court is inclined to condone the delay, the statutory benefits may not be granted for the period of delay.

{2} CA 2110 OF 2022 & ANR 3.

For the reasons mentioned in the applications and in the interest of justice, delay is required to be condoned. Accordingly, applications are allowed. Delay is condoned on the condition that the applicants shall not be entitled for the interest for the period of delay.

4.

Accordingly, applications are disposed of.

5.

Appeals be registered. On registration of appeals, issue notice to the respondents, returnable within four weeks thereafter. Learned AGP waives service of notice for respondent nos.1 and 2. ( ABHAY S. WAGHWASE ) JUDGE SPT