Baburao Jankiram Patil v. The Collector, Jalgaon And ORS

2025:BHC-AUG:30697 1 42 ca 1769.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1769 OF 2022 IN FIRST APPEAL STAMP NO. 11788 OF 2021 Baburao Jankiram Patil .. Applicant

Versus

The Collector, Jalgaon and others .. Respondents Shri Ajeet B. Kale, Advocate for the Applicant. Shri N. R. Dayma, A.G.P. for the Respondent Nos. 1 and 2 in all matters.

Shri Vivek Tarde, Advocate for the Respondent Nos. 3 and 4. CORAM : SHAILESH P. BRAHME, J.

DATE : 07TH NOVEMBER, 2025.

FINAL ORDER :

.

Applicant seeks condonation of delay of 1125 days caused in preferring first appeal. Learned counsel for the applicants submits that for the reasons mentioned in the application, the delay deserves to be condoned.

2.

The application is strongly opposed by the learned A. G. P. and the learned counsel for the respondents - acquiring body. 3.

The averments in the application are not controverted by the respondents by filing affidavit in reply. Though there is huge delay, however, in similarly situated matters coordinate bench of

2 42 ca 1769.22 this Court has allowed the applications by condoning the delay, by imposed certain conditions.

4.

On the ground of parity, applicant is entitled for the same relief. Therefore, the delay deserves to be condoned. The civil application is allowed. The delay stands condoned. However, the applicants shall not be entitled for the interest and statutory benefits for the delayed period. The civil application is disposed of.

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