Premnath Hariba Jadhav And ANR v. The State Of Maharashtra And ORS

2025:BHC-AUG:18466 {1} CA 2239 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2239 OF 2022 IN FAST/6825/2021 Premnath Hariba Jadhav And Anr

VERSUS

The State Of Maharashtra And Ors ...

Advocate for Applicants : Mr.H.B.Nandagavale AGP for Respondent nos.1 & 2 : Mr.S.M.Ganachari Advocate for Respondent no.3 : Mr.Mukul Deshmukh h/f. Mr.V.P.Patil ...

CORAM : ABHAY S. WAGHWASE, J.

DATE : 15 JULY, 2025 PER COURT :- 1.

This application is filed by the applicants claimants for condonation of delay of 997 days caused in filing first appeal against the judgment and order dated 24-03-2017 passed by the learned 5th Jt.Civil Judge, Senior Division, Latur in LAR No.435 of 2011. 2.

Learned Counsel for respondent no.3 opposed application 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. 3.

For the reasons mentioned in the application and in the interest of justice, delay is required to be condoned. Accordingly,

{2} CA 2239 OF 2022 application is allowed. Delay is condoned on the condition that the applicants shall not be entitled for the interest for the period of delay. 4.

Accordingly, application is disposed of.

5.

Appeal be registered.

6.

Appeal is Admitted.

7.

Learned AGP waives service of notice for respondent nos.1 and 2. MrMukul Deshmukh, learned Counsel holding for Mr.Patil, learned counsel waives service of notice for respondent no.3. ( ABHAY S. WAGHWASE ) JUDGE SPT