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Bombay High CourtCA/15830/2022admittedallowedgrantedrule absolute

Mangalabai Bapurao Ghanwat v. The State Of Maharashtra Through The Collector, Jalna And Others

2025-09-25Hon'Ble Shri Justice Abhay S. Waghwase2 pages

{1} CA 15830 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 15830 OF 2022 IN FAST/21281/2022 MANGALABAI BAPURAO GHANWAT

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALNA AND OTHERS ...

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

AGP for Respondent nos.1 & 2 : Mr.S.P.Joshi Advocate for Respondents : Mr. Abhijit M. Phule ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 25 SEPTEMBER, 2025 PER COURT :- 1.

This application is filed by the claimant for condonation of delay of 1913 days caused in filing first appeal against the judgment and order dated 09-02-2017 passed by the learned 4th Jt. Civil Judge, Senior Division, Jalna in LAR No.831 of 2013. 2.

Learned Counsel for respondent no.3 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 15830 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 applicant 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 respondent nos.1 and 2. Mr.Phule, learned Counsel waives service of notice for respondent no.3. ( ABHAY S. WAGHWASE ) JUDGE SPT