Shaikh Jamal Shaikh Ismail Died Thr Lrs Ajijabi Died Thr Lrs Esam Died Thr Lrs Shahajahan And ORS v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025:BHC-AUG:22347 1 992(i).CA-13222-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 992 CIVIL APPLICATION NO. 13222 OF 2024 IN FAST/20785/2024 SHAIKH JAMAL SHAIKH ISMAIL DIED THR LRS AJIJABI DIED THR LRS ESAM DIED THR LRS SHAHAJAHAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

...

Advocate for the Applicant : Mr.Kakde S.M.

AGP for Respondent/State : Mr.D.B.Bhange ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 12.08.2025 PER COURT :

.

Learned counsel for the applicants seeks to condone the delay of 3078 days in preferring appeal for the reasons stated in the application.

2.

It is submitted that in similarly situated matters, delay has been condoned and the matters were settled in Lok Adalat. The applicants want the present matter to be kept before Lok Adalat. 3.

Learned AGP opposes the application for condonation of delay. He would submit that no proper explanation has been tendered for condoning delay.

2 992(i).CA-13222-2024.odt 4.

I have considered rival submissions of the parties. The contesting party has not controverted the averments of the application. I find no mala-fides on part of the applicants. It transpires from the record that application was filed on 01.08.2024 and it was not circulated till 17.04.2025. The lapses are attributable to the applicants.

5.

For the reasons stated in the application, delay stands condoned on condition that applicants shall not be entitled to interest and statutory benefits for the delayed period as well as lapses from 01.08.2024 to 17.04.2025.

[ SHAILESH P. BRAHME, J.] vsj..