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Bombay High CourtCA/6657/2025admittedallowedgrantedrule absolute

Maruti S/O Subha Gund Died Thr Lrs Pandurang Maruti Gund And ORS v. The State Of Maharashtra Thr Collector Osmanabad And Others

2025-07-03Hon'Ble Shri Justice Shailesh P. Brahme2 pages

944-CA.6655-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 6655 OF 2025 IN X-OBJST/13383/2025 SHANKAR S/O KISAN PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO. 6656 OF 2025 IN X-OBJST/13444/2025 WITH CIVIL APPLICATION NO. 6657 OF 2025 IN X-OBJST/13447/2025 ...

Advocate for Applicants in all : Mr. Rakhunde Pravin B. AGP for Respondent/s-State in all : Mr. B. A. Shinde. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 03.07.2025 PER COURT :- 1.

Applicants are praying for condonation of delay in preferring Cross Objections in First Appeals. Delay in preferring Cross Objection is of 2040 days in First Appeal No.1891 of 2024. It is of 373 days in First Appeal No.2101 of 2024. It is of 276 days in First Appeal No.1889 of 2024.

2.

Learned AGP would oppose the submission of the applicants and contents of the applications. It is submitted that delay has not been properly explained and applications are liable to be rejected.

944-CA.6655-25.odt 3.

Appeals preferred by respondent/acquiring body are pending and yet to be decided finally. Applicants are ready to forego the interest and statutory benefits for the delayed period. Considering the reasons stated in the applications, I find it fit to condone the delay on certain conditions. 4.

Civil applications are allowed and delay of 2040 days in First Appeal No.1891 of 2024, delay of 373 days in First Appeal No.2101 of 2024, it is of 276 days in First Appeal No.1889 of 2024 shall stand condoned on condition that applicants shall not entitled to interest and statutory benefits for the period of delay.

In First Appeals 5.

In case, respondents/applicants succeed in cross objections, they shall not be entitled to interest and statutory benefits for the delayed period as recorded in the minutes of the order condoning the delay.

(SHAILESH P. BRAHME, J.) ...

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