Rameshwar Narayan Mogal v. The State Of Maharashtra Through The Collector Jalna And ORS.
2025:BHC-AUG:16585 1 951 to 961.CA.6107-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 6107 OF 2024 IN FAST/13771/2024 BAPURAO NARAYAN MOGAL DIED THR LRS ASRABAI BAPURAO MOGAL AND ORS THE STATE OF MAHARASHTRA AND 952 CIVIL APPLICATION NO. 6109 OF 2024 IN FAST/13768/2024 PRABHU SHANKAR AMRUTSAGAR 953 CIVIL APPLICATION NO. 6110 OF 2024 IN FAST/13795/2024 MANIKRAO NARAYAN MOGAL 954 CIVIL APPLICATION NO. 6112 OF 2024 IN FAST/13782/2024 RAMESHWAR NARAYAN MOGAL 955 CIVIL APPLICATION NO. 6115 OF 2024 IN FAST/13790/2024 RAJU ULHAS MOGAL THE STATE OF MAHARASHTRA
2 951 to 961.CA.6107-2024.doc 956 CIVIL APPLICATION NO. 6117 OF 2024 IN FAST/13785/2024 SHIVAJI NARAYAN MOGAL 957 CIVIL APPLICATION NO. 6146 OF 2024 IN FAST/13299/2024 BAPURAO MUGAJI MATE DIED THR LRS TULSABAI B. MATE AND ORS THE STATE OF MAHARASHTRA THR THE DISTRICT COLLECTOR OFFICE JALNA AND ORS 958 CIVIL APPLICATION NO. 6147 OF 2024 IN FAST/13310/2024 SHRIRAM MUGAJI MATE THE STATE OF MAHARASHTRA THR THE COLLECTOR, COLLECTOR OFFICE JALNA AND ORS 959 CIVIL APPLICATION NO. 6150 OF 2024 IN FAST/13331/2024 NAMDEV MUGAJI MATE THE STATE OF MAHARASHTRA THROUGH COLLECTOR, COLLECTOR OFFICE, JALNA AND ORS 960 CIVIL APPLICATION NO. 8761 OF 2024 IN FAST/13335/2024 DNYANOBA MUGAJI MATE COLLECTOR, COLLECTOR OFFICE, JALNA AND ORS
3 951 to 961.CA.6107-2024.doc 961 CIVIL APPLICATION NO. 8776 OF 2024 IN FAST/13780/2024 VITTHAL PRABHU AMRUTSAGAR THE STATE OF MAHARASHTRA 970 CIVIL APPLICATION NO. 11272 OF 2024 IN FAST/20847/2024 ULHAS BAJIRAO MOGAL (DIED) THR. LRS. KAUSHALYA ULHAS MOGAL THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS 976 CIVIL APPLICATION NO. 13250 OF 2024 IN FAST/17216/2024 MAHADEV (BABARAO) NARAYAN MOGAL DIED THR LRS TARAMATI BABARAO MOGAL AND ORS ...
Advocate for Applicants : Mr. Kakde S.M.
AGP for Respondent Nos. 1 to 3 in CA-6107-2024, CA-6110-2024, CA-6115-2024, CA-6146-2024, CA-6150-2024 and CA-8776-2024 : Mr. B.A. Shinde AGP for Respondent Nos. 1 to 3 in CA-6109-2024, CA-6112-2024, CA-6117-2024, CA-6147-2024, CA-8761-2024, CA-11272-2024 and CA-13250-2024 : Mr. D.B. Bhange CORAM : SHAILESH P. BRAHME, J.
DATE : 26th JUNE 2025 PER COURT :
1.
A common order can be passed in these matters.
4 951 to 961.CA.6107-2024.doc 2.
Learned Counsel for the Applicants has tendered relevant details in a tabular form which is as follows : 3.
Applicants are original Claimants who have filed appeals for enhancement belatedly. The delay caused in each appeal has been mentioned in the above table. They are seeking condonation of delay relying on paragraph nos. 2 to 10 of the applications.
5 951 to 961.CA.6107-2024.doc 4.
It is submitted by learned Counsel that there are no malafides for causing the delay. Applicants are ready to forgo interest and the statutory benefits for the delayed period. 5.
Learned AGP vehemently opposes the submissions and the applications. He would rely on the affidavit-in-reply. It is submitted that no adequate explanation has been given for condonation of delay.
6.
I have considered rival submissions of the parties. The grounds stated in above referred paragraphs, cannot be discarded. I do not find that there are any malafides on part of the Applicants to approach this Court belatedly. If they are ready to forgo interest and statutory benefits for the delayed period, a pragmatic approach is to condone delay and deal appeals on merits.
7.
At the same time, it is relevant to notice that there are lapses on the part of Applicants in securing first orders in applications for condonation of delay by circulating the same. They cannot take benefits of the period of lapses. For that purpose, I find it appropriate to deprive them for 50% of the above benefits for the period from date of filing till date of first order. 8.
Civil Applications are allowed in terms of prayer clause 'A' on condition that Applicants shall not be entitled to interest and the statutory benefits for the delayed period and additionally they shall
6 951 to 961.CA.6107-2024.doc not be entitled to 50% of above benefits for their lapses i.e. from date of filing of the applications to date of first order. SHAILESH P. BRAHME JUDGE NAJEEB..