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Bombay High CourtCA/2308/2024admittedallowedgrantedrule absolute

Bharat Narayan Gusinge And ORS v. The State Of Maharashtra Through The Collector Jalna And ORS

2025-07-21Hon'Ble Shri Justice R. M. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 750 OF 2024 IN FAST/39783/2023 WITH FAST/39783/2023 Sebutbai Laxman Gawit ....Applicant

VERSUS

Collector Nandurbar Through, Sub Divisional Officer, Nandurbar, Div. Nandurbar & another .....Respondents .....

Mr. K. M. More, Advocate for Applicant.

Mr. K. N. Lokhande, AGP for the State.

WITH CIVIL APPLICATION NO. 2308 OF 2024 IN FAST/12397/2023 Bharat Narayan Gusinge & others ....Applicants

VERSUS

The State of Maharashtra & others .....Respondents .....

Mr. K. M. More, Advocate for Applicants.

Mr. K. N. Lokhande, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE : 21st JULY, 2025.

PER COURT :

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These are the Applications for condonation of delay of 2914 and 1390 days respectively in filing Appeals against the judgment and order passed by Civil Judge Senior Division, Nandurbar in LAR Nos. 20/2013 and Jt. Civil Judge Senior Division, Jalna in LAR No. 573/2011 respectively.

2.

Heard learned counsel for both the sides. Learned AGP vehemently opposed the Applications.

3.

It is the case of the Applicants/Appellants that they are agriculturists and for want of legal knowledge, Appeals could not be filed within limitation. Learned counsel for Applicants, on instructions, makes a statement that Applicants would not seek interest on the amount enhanced by this Court, if any, from the date of the impugned order till registration of First Appeal. 4.

Considering the reasons mentioned in the Applications, no malfides can be attributed to the Applicants for not filing the Appeals within limitation. In any case, since the Appeals are filed belatedly, Appellants would not be entitled to seek any interest on amount enhanced, if any, in the First Appeals. Similarly, in view of

- 3 - the statement made by learned counsel for the Applicants, Applicants would not be entitled to get any interest from the date of impugned order till registration of First Appeals.

5.

Applications stand allowed. Appeals be registered. ( R. M. JOSHI) Judge dyb