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Bombay High CourtCA/9682/2025admittedallowedgrantedrule absolute

Datta Kishanrao Jadhav v. The State Of Maharashtra Through The Collector Jalna And ORS

2025-11-21Hon'Ble Shri Justice Shailesh P. Brahme2 pages

83-CA.9682-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 83 CIVIL APPLICATION NO. 9682 OF 2025 IN FAST/15568/2025 DATTA KISHANRAO JADHAV

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS ...

Advocate for Applicant : Mr. Jay R. Raundale h/f Mr. More Kumar Gaurav M.

AGP for Respondent/s-State : Mr. S. V. Hange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 21.11.2025 PER COURT :- 1.

None appears for the contesting acquiring body. 2.

Applicant seeks to condone delay of 3766 days in preferring appeal. It is submitted that the delay is not intentional and deserves to be condoned.

3.

Learned AGP opposes the application.

4.

The averments have not been traversed by the respondents. There is nothing to show that there was any oblique motive in preferring appeal belatedly. It reveals that appeal is filed on 08.04.2025 and first order is secured on

83-CA.9682-25.odt 10.09.2025. The lapses for this period are attributable to the applicant. I am inclined to condone delay on certain condition. 5.

Civil application is partly allowed and delay stands condoned on condition that applicant shall not be entitled to statutory benefits for the delayed period and for the period of lapses from 08.04.2025 to 10.09.2025.

First Appeal 6.

Admit.

7.

Learned AGP waives service of notice for the respondents/State.

8.

Call for Record and Proceedings from the concerned Court.

9.

Print is dispensed with.

10.

Applicant shall not be entitled to the interest and statutory benefits for the delayed period and period of lapses. (SHAILESH P. BRAHME, J.) ...

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