Subhadrabai Sahebrao Solunke And ORS v. The State Of Maharashtra Thr The Slao Aurangabad And ANR

2025:BHC-AUG:19023 {1} CA 8895 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 8895 OF 2022 IN FAST/21029/2021 SUBHADRABAI SAHEBRAO SOLUNKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THR. THE SLAO AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr. A.R. Shinde and Mr.A.A. Gadekar AGP for Respondent nos.1 & 2 : Mrs.D.S.Jape ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 21 JULY, 2025 PER COURT :- 1.

This application is filed by the claimants for condonation of delay of 2034 days caused in filing first appeal against the judgment and order dated 17-10-2015 passed by the learned Civil Judge, Senior Division, Aurangabad in LAR No.14 of 2010. 2.

Learned AGP waives service of notice for respondent no.2 also. She opposed application stating that delay is not properly explained. It is further submitted that, if at all this Court is inclined to condone the delay, the statutory benefits may not be granted for the period of delay.

{2} CA 8895 OF 2022 3.

For the reasons mentioned in the application and in the interest of justice, delay is required to be condoned. Accordingly, application is allowed. Delay is condoned on the condition that the applicants shall not be entitled for the interest for the period of delay. 4.

Accordingly, application is disposed of.

5.

Appeal be registered. On registration of appeal, issue notice to the respondents, returnable within four weeks thereafter. Learned AGP waives service of notice for both the respondents. ( ABHAY S. WAGHWASE ) JUDGE SPT