Namdev Sambhaji Kendre v. The State Of Maharashtra Through District Collector Nanded And ORS

2025:BHC-AUG:20757 1 113 ca 3889.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3889 OF 2025 IN FIRST APPEAL STAMP NO. 9824 OF 2025 Namdev Sambhaji Kendre

VERSUS

The State Of Maharashtra Through District Collector Nanded and others Shri Shankar B. Kendre, Advocate for the Applicant. Shri B. A. Shinde, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 04TH AUGUST, 2025.

FINAL ORDER :

.

Heard both sides. Applicant is seeks to condone delay of 3440 days caused in preferring first appeal for the reasons stated in the application.

2.

Learned A. G. P. for the respondent Nos. 1 and 2 opposes application. It is submitted that the delay is huge and unexplained. It is further submitted that the applicant shall not be entitled to interest and statutory benefits for the delayed period.

3.

It is submitted by the learned counsel for the applicant that there are no malafides on the part of the applicant in

2 113 ca 3889.25 preferring the appeal belatedly. He was minor and under precarious circumstances he has approached this Court. 4.

The contesting party has not opposed the averments of the application. Apparently there are no malafides on the part of the applicant to disentitle him from claiming the condonation of delay. For the reasons stated in the application, the delay stands condoned on payment of cost of Rs. 10,000/- (Rs. Ten thousands only). The cost is to be deposited with the High Court Advocates Bar Association Aurangabad within a period of two (02) weeks from today with further clarification that the applicant shall not be entitled to claim interest and statutory benefit for the delayed period. Office is directed to register the first appeal. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Aug. 25