Ambadas Chandrabhan Madan (Died) Thr Lrs Rajednra Ambadas Madan And ORS v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025:BHC-AUG:31095 ( 1 ) 13 CA 5454 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO. 5454 OF 2024 IN FAST/6125/2024 AMBADAS CHANDRABHAN MADAN (DIED) THR LRS RAJEDNRA AMBADAS MADAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

...

Mr. V. D. Bhise, Advocate for Applicants Mr. S. V. Hange, AGP for Respondents-State ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 12.11.2025 PER COURT :- 1.

Heard.

2.

Applicants seek to condone the delay of 1522 days in filing the First Appeal. None appears for the contesting respondent no.3. Learned AGP appears for respondent nos.1 and 2.

3.

The averments in the application have not been traversed by the respondents. Respondent no.3 has not caused any appearance. No malafides can be inferred from the averments of the application. It is desirable to condone the delay by imposing certain conditions.

( 2 ) 13 CA 5454 OF 2024 4.

Civil Application is allowed and the delay is condoned on the condition that the applicants shall not be entitled to the interest and statutory benefit for 1522 days and they shall not be further entitled to the above benefits for further lapses i.e. from 15.02.2024 till 05.09.2024. FIRST APPEAL STAMP NO.6125 OF 2024 1.

Admit.

2.

Learned AGP waives service of notice for respondent nos.1 and 2. 3.

Call for Record and Proceeding. Print is dispensed with. 4.

Applicants shall not be entitled to the interest and statutory benefit for the delayed period as well as lapses i.e. from 15.02.2024 till 05.09.2024.

( SHAILESH P. BRAHME, J. ) PRW