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Bombay High CourtCA/4785/2024admittedallowedgrantedrule absolute

Balaji Narayanrao Kumthekar And ORS v. The State Of Maharashtra Through Collector, Latur

2025-12-02Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:33324 04 CA 4784 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO. 4784 OF 2024 IN FAST/4247/2024 WITH CIVIL APPLICATION NO. 4783 OF 2024 IN FAST/4245/2024 WITH CIVIL APPLICATION NO. 4785 OF 2024 IN FAST/4240/2024 ABDUL GANI MAHETABSAB SHAIKH AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR ...

Advocate for Applicants : Mr. Sonkawade Shrikant J. AGP for Respondents/State: Mr. S.V. Hange ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 02.12.2025 PER COURT :

Heard both sides. Office objection is dispensed with as the learned A.G.P. can also appear for respondent no. 3.

2.

The applicants are seeking condonation of delay of 2120 days for preferring the appeals. Further there are lapses on the part of the applicants for not circulating the matter for about one year and five months. 3.

The applications are contested by the respondents. 4.

The averments of the applications have not been controverted. I find no oblique motive on the part of the applicants to prefer appeals belatedly. By imposing certain conditions delay needs to be condoned. 5.

The delay of 2120 days stands condoned on condition that the applicants shall not be entitled to claim interest and the statutory benefits 1/2

04 CA 4784 OF 2024.odt for the delayed period as well as for the period of lapses i.e. from 03.02.2023 to 12.09.2024.

FIRST APPEALS (STAMP) :

6.

Admit. Learned A.G.P. waives service for the respondents 4.

Call for record and proceedings.

5.

Print is dispensed with.

7.

The appellants shall not entitled to claim interest and the statutory benefits for the delayed period as well as for the period of lapses i.e. from 03.02.2023 to 12.09.2024.

( SHAILESH P. BRAHME, J.) mkd/- 2/2