Trimbak Bhaurao Kendhale v. The State Of Maharashtra Thr The Collector, Jalna And ORS
2025:BHC-AUG:30555 ( 1 ) 17 CA 10564 OF 2023+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 10564 OF 2023 IN FAST/20077/2023 TRIMBAK BHAURAO KENDHALE
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS ...
Mr. S. M. Kakde, Advocate for Applicant Mrs. M. M. Ghanekar, AGP for Respondent Nos.1 and 2/State AND 18 CIVIL APPLICATION NO. 10565 OF 2023 IN FAST/20356/2023 TUKARAM SHESHRAO KENDHALE
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS ...
Mr. S. M. Kakde, Advocate for Applicant Mr. S. V. Hange, AGP for Respondent Nos.1 and 2/State AND 19 CIVIL APPLICATION NO. 10568 OF 2023 IN FAST/20158/2023 SARJERAO SAHEBRAO KENDHALE
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS ...
Mr. S. M. Kakde, Advocate for Applicant Mr. N. R. Dayma, AGP for Respondent Nos.1 and 2/State ...
CORAM
: SHAILESH P. BRAHME, J.
DATE : 06.11.2025 PER COURT :- 1.
Applicants seek to condone the delay of 1384 days, 1210 days and 1288 days respectively, in preferring their appeals for enhancement of the compensation. Despite service, respondent no.3 has not caused any
( 2 ) 17 CA 10564 OF 2023+ appearance.
2.
The averments of the applications have not been controverted by the respondents. There are no malafides in preferring the appeals belatedly. It is desirable to condone the delay. However, the applicants shall not be entitled to interest and statutory benefits for the delayed period and lapses from 03/04.07.2023 (filing of the appeal) to 14.11.2024 (First order on circulation).
3.
Civil Applications are partly allowed thereby condoning the delay on the condition that the applicants shall not be entitled to interest and statutory benefits for the delayed period as well as for the period of lapses i.e. 03/04.07.2023 to 14.11.2024.
4.
Office to register the First Appeals.
FIRST APPEALS 1.
Admit.
2.
Call for Record and Proceeding.
3.
Print is dispensed with.
4.
The applicants shall not be entitled to interest and statutory benefits for the delayed period as well as for the period of lapses i.e. 03/04.07.2023 to 14.11.2024.
( SHAILESH P. BRAHME, J. ) PRW