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Bombay High CourtCA/9345/2025admittedallowedgrantedrule absolute

Vishwananth Sidram Mule Deceased Through His Heirs Babu Vishwanath Mule And ORS v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2025-09-02Hon'Ble Shri Justice Shailesh P. Brahme2 pages

136ca9345.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 136 CIVIL APPLICATION NO. 9345 OF 2025 IN X-OBJST/20657/2025 WITH VISHWANANTH SIDRAM MULE DECEASED THROUGH HIS HEIRS BABU VISHWANATH MULE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS ...

Advocate for Applicants : Mr. Saisagar Ambilwade h/f Mr. Shashikiran N. Patil AGP for Respondent Nos. 1 & 2 : Mr. B.A. Shinde Advocate for Respondent No. 3 : Mr. Uday S. Malte (Thru V.C.) ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 02.09.2025 PER COURT :

ORDER ON DELAY CONDONATION APPLICATION :

1.

The applicants are seeking condonation of delay of 444 days caused in preferring Cross Objection. 2.

For the reasons stated in the application, delay is sought to be condoned. The applicants are ready to waive interest and statutory benefit for the delayed period. 3.

The application is contested by the respondent/Acquiring Body. The averments in the applicant have not been controverted and the applicants are ready to give up interest and statutory benefit for the delayed period.

136ca9345.25 4.

Appeal preferred by the Acquiring Body is admitted. 5.

The Civil Application is allowed. Delay stands condoned on condition that in case the Cross Objection is allowed the applicants shall not be entitled to receive interest and statutory benefit for the delayed period of 444 days. 6.

The Cross Objection be registered.

ORDER IN CROSS OBJECTION :

7.

Heard the learned Advocate for the parties.

8.

Learned AGP waives service of notice for respondent Nos. 1 & 2 and Mr. Malte, learned Advocate waives service of notice for respondent No. 3.

9.

Stand over to 30.09.2025.

( SHAILESH P. BRAHME ) JUDGE mahajansb/