Nagnath Ganpati Thavare v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2025:BHC-AUG:2176 1 928 to 932, 935 & 936 ca 6063-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 6063 OF 2022 IN FAST/2435/2022 RAMBHAU MARUTI HAJARE Mr. R. D. Raut, AGP for Respondent-State Mr. S. A. Mulla h/f Mr. Ingole R. K., Advocate for Respondent No.3 ....

AND 929 CIVIL APPLICATION NO. 6285 OF 2022 IN FAST/2332/2022 MAHAVEER BABA MADNE Mr. S. A. Mulla h/f Mr. Ingole R. K., Advocate for Respondent No.3 AND 930 CIVIL APPLICATION NO. 6286 OF 2022 IN FAST/2437/2022 BHAGWAN DATTA DEVAKAR Mr. R. B. Dhaware, AGP for Respondent-State Mr. S. A. Mulla h/f Mr. Ingole R. K., Advocate for Respondent No.3 AND 931 CIVIL APPLICATION NO. 6292 OF 2022 IN FAST/2314/2022

2 928 to 932, 935 & 936 ca 6063-22 WITH CIVIL APPLICATION NO. 6291 OF 2022 IN FAST/2311/2022 EKANATH GANPATI THAVARE (DIED) THR LRS ANJANA AND ORS Mr. R. D. Raut, AGP for Respondent-State ....

AND 932 CIVIL APPLICATION NO. 6293 OF 2022 IN FAST/2336/2022 WITH CIVIL APPLICATION NO. 6294 OF 2022 IN FAST/2338/2022 SANTARAM DEVIDAS THAVARE Mr. S. A. Mulla h/f Mr. Ingole R.K., Advocate for Respondent No.3 ....

AND 935 CIVIL APPLICATION NO. 8139 OF 2023 IN FAST/32611/2021 WITH CIVIL APPLICATION NO. 8138 OF 2023 IN FAST/32611/2021 RAMA GANPATI DEOKAR (DIED) THR LRS UTRESHWAR RAMA DEOKAR THE STATE OF MAHARASHTRA THR THE COLLECTOR AND ORS Mr. R. D. Raut, AGP for Respondent-State

3 928 to 932, 935 & 936 ca 6063-22 936 CIVIL APPLICATION NO. 8163 OF 2023 IN FAST/2346/2022 WITH CIVIL APPLICATION NO. 8164 OF 2023 IN FAST/2346/2022 RATNAKAR RAMCHANDRA KULKARNI (DIED) THR LRS ROHINI AND ORS CORAM : SANJAY A. DESHMUKH, J.

DATED : 24/01/2025.

P. C. :

A) ORDER IN CIVIL APPLICATIONS FOR DELAY CONDONATION : Heard rival submissions.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appears to be caused due to their poor financial condition.

The learned counsel for the acquiring body and learned AGP strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay periods and there is also circulation delay.

4 928 to 932, 935 & 936 ca 6063-22 4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

5.

The appeals be placed for admission after removal of office objections, if any.

6.

The applications are accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.8138 OF 2023 :

Heard rival submissions.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of Rama Ganpati Deokar, who admittedly died on 27/12/2019.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clauseB and C. 4.

The applicant is directed to carry out the amendment within two weeks. Application is accordingly disposed of. C) ORDER IN CIVIL APPLICATION NO.8164 OF 2023 :

The learned counsel for the applicants pointed out the endorsement on the appeal that the legal representatives of deceased Ratnakar Ramchandra Kulkarni are already on record in the appeal. In

5 928 to 932, 935 & 936 ca 6063-22 view of this, the application for bringing leagal representatives stands disposed of as not pressed.

D) ORDER IN FIRST APPEALS (STAMP) :

Heard.

Issue notice to respondents. The learned counsel for acquiring body and learned AGP waives for State. Call R & P.

4.

Stand over to 07/03/2025.

( SANJAY A. DESHMUKH, J. ) VS Maind/-