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Bombay High CourtCA/6299/2023admittedallowedgrantedrule absolute

Subhash Sawairam Rathod Died Thr Lrs Aruna Subhash Rathod And ORS v. The State Of Maharashtra Through The Collector Jalna And ORS

2025-11-27Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:32898 ( 1 ) 20 CA 6297 OF 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 6297 OF 2023 IN FAST/7764/2023 RAMBHAU SAWAIRAM RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS WITH CIVIL APPLICATION NO. 6299 OF 2023 IN FAST/7771/2023 SUBHASH SAWAIRAM RATHOD DIED THR LRS ARUNA SUBHASH RATHOD AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS WITH CIVIL APPLICATION NO. 6298 OF 2023 IN FAST/7767/2023 VILAS GALSING RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS ...

Mr. S. M. Kakde, Advocate for Applicant Mr. S. V. Hange, AGP for Respondents-State ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 27.11.2025 PER COURT :- .

Heard.

2.

Applicants seek to condone the delay of 2055 days in filing the

( 2 ) 20 CA 6297 OF 2023 First Appeals.

3.

Learned AGP opposes the applications.

4.

The averments of the applications have not been traversed. There is no reason to doubt bonafides of the applicants. It is desirable to condone the delay on certain conditions. It is noticed that appeals and applications were filed on 22/23.02.2023 and 23/22.02.2023 respectively and circulated for the first time on 26.10.2023. The applicants are responsible for the lapses. 5.

For the reasons stated in the application, Civil Applications are allowed. The delay stands condoned subject to condition that the applicants shall not be entitled to the interest and statutory benefit for the delayed period as well as for the period of lapses i.e. 22/23.02.2023 to 26.10.2023. FIRST APPEALS .

Admit.

2.

Learned AGP waives service of notice for respondents-State. 3.

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

The appellants shall not be entitled to the interest and statutory benefit for the delayed period as well as for the period of lapses i.e. 22/23.02.2023 to 26.10.2023.

( SHAILESH P. BRAHME, J. ) PRW