Late Anandsingh Gaba Girase Thr Lrs. Ranjit Gangaji Girase And Others v. The Exe. Engineer Med. Pro. Div. No.1, Dhule And Another

2025:BHC-AUG:27183 {1} CA 7226 OF 2022 +

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 7226 OF 2022 IN FAST/24388/2021 LATE ANANDSINGH GABA GIRASE THR. LRS. RANJIT GANGAJI GIRASE AND OTHERS

VERSUS

THE EXE. ENGINEER MED. PRO. DIV. NO.1, DHULE AND ANOTHER ....

WITH CIVIL APPLICATION NO. 7225 OF 2022 IN FAST/24384/2021 LATE ANANDSINGH GABA GIRASE THR. LRS. RANJIT GANGAJI GIRASE AND OTHERS

VERSUS

THE EXE. ENGINEER MED. PRO. DIV. NO.1, DHULE AND ANOTHER ...

Advocate for Applicant : Mr. Madhav M. Bhokarikar Advocate for Respondent no.1 : Mr.. D. D. Pokharkar AGP for Respondent no.2 : Mr.V.S.Badakh ...

CORAM : ABHAY S. WAGHWASE, J.

DATE : 30 SEPTEMBER, 2025 PER COURT :- 1.

These applications are filed by the claimants for condonation of delay of 674 days and 742 days respectively caused in filing first appeals against the judgment and order dated 31-05-2019 passed by the learned 4th Jt. Civil Judge, (S.D.), Dhule in LAR Nos.104 of 2011 and 103 of 2011.

{2} CA 7226 OF 2022 + 2.

Learned Counsel for respondent no.1 opposed applications 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. 3.

For the reasons mentioned in the applications and in the interest of justice, delay is required to be condoned. Accordingly, both the applications are allowed in terms of prayer clause "C". Delay is condoned on the condition that the applicants shall not be entitled for the interest for the period of delay. 4.

Accordingly, applications are disposed of.

5.

Appeals be registered. On registration of appeals, issue notice to the respondents, returnable within four weeks thereafter. Mr.Pokhkarkar, learned Counsel waives service of notice for respondent no.1. Learned AGP waives service of notice for respondent nos.2.

( ABHAY S. WAGHWASE ) JUDGE SPT