Babasaheb Abasaheb Borade v. The State Of Maharashtra Through The Collector, Jalna And Others
2025:BHC-AUG:21707 -1- 915-ca-15831-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 15831 OF 2022 IN FAST/21277/2022 BABASAHEB ABASAHEB BORADE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND OTHERS ......
Advocate for Applicant : Mr. Kumar Gaurav M. More AGP for Respondent Nos.1 and 2 - State : Mr. N. D. Batule Advocate for Respondent No.3 : Mr. Shyam C. Arora ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 08 AUGUST 2025 PER COURT :
1.
Present application is for condonation of delay of 1913 days caused in filing appeal against judgment and award passed by the Joint Civil Judge, Senior Division, Jalna in L.A.R. No.830 of 2013. 2.
Learned Advocate for applicant pointed out that, reasons for delay are spelt out in paragraph nos.5 to 7 of the application and stated that there is no deliberate and intentional delay. That, there is a good case in appeal and therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned. 3.
Learned Advocate for the respondent no.3 raised formal
-2- 915-ca-15831-2022 objections to condone the delay and submit that applicant is not entitled for amount of interest for the delayed period. 4.
For the reasons mentioned in civil application, more particularly, in paragraph nos.5 to 7 and in the interest of justice and fair opportunity, delay so caused is required to be condoned. At the same time, the applicant shall not be entitled for the amount of interest for the delayed period. Hence, the following order is passed :-
ORDER
(i) The application is allowed.
(ii) The applicant/original claimant shall furnish undertaking that he would not claim for the amount of interest for the delayed period. (iii) Registry is directed to register the Appeal.
(iv) In First Appeal, issue notice to the respondents, returnable within eight weeks. Learned AGP waives service of notice on behalf of respondent Nos.1 and 2 and learned Advocate Mr. S. C. Arora waives service of notice on behalf of respondent No.3. (ABHAY S. WAGHWASE, J.) Tandale