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Bombay High CourtCA/5487/2025admittedallowedgrantedrule absolute

Namdeo Uttamrao Chaudhari And ORS v. The State Of Maharashtra Through The Collector Beed And ANR

2025-08-25Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:23469 1 110(i).CA-5487-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 110 CIVIL APPLICATION NO. 5487 OF 2025 IN FAST/12669/2025 NAMDEO UTTAMRAO CHAUDHARI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR ...

Advocate for the Applicant : Mr. Bidve Yogeshwar L AGP for Respondent/State : Mr.B.A.Shinde ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25.08.2025 PER COURT :

.

Heard both sides.

2.

Applicants are seeking condonation of delay of 1052 days in preferring appeal. It is contended that for the reasons stated in the application, it is desirable to condone the delay. 3.

Learned AGP opposes the application.

4.

I do not find any oblique motive in preferring appeal belatedly. Applicants are ready to forego interest and statutory benefits for the delayed period. It appears that there are lapses in circulating the application for condonation of delay. It was filed on 15.04.2025 and circulated first time on 11.06.2025. I have taken a view that applicants are also not entitled to interest and statutory benefits for the delayed period to the extent of 50%.

2 110(i).CA-5487-2025.doc 5.

For the reasons stated in the application, delay stands condoned on condition that applicants shall not be entitled to interest and statutory benefits for the delayed period of 1052 days and additionally they are not entitled to interest and statutory benefits for five (05) months for lapses.

[ SHAILESH P. BRAHME, J.] vsj..