Pankabai W/O Sukhlal Rathod v. The State Of Maharashtra Through Collector Jalna And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 12901 OF 2024 IN FAST/24254/2024 JANU (BABU) S/O UMALA RATHOD (DIED) THR. LRS RAMRAO S/O JANU RATHOD 954 CIVIL APPLICATION NO. 12907 OF 2024 IN FAST/24271/2024 GULAB REVA RATHOD 955 CIVIL APPLICATION NO. 12908 OF 2024 IN FAST/24298/2024 PRAYAGBAI BHIMRAO RATHOD 956 CIVIL APPLICATION NO. 12909 OF 2024 IN FAST/24274/2024 DNYANOBA TUKARAM ZHOL 957 CIVIL APPLICATION NO. 12910 OF 2024 IN FAST/24294/2024 RUPCHAND SAKHARAM CHAVHAN (AS PER 7/12 EXTRACT) GORAKHNATG RUPCHAND CHAVHAN 958 CIVIL APPLICATION NO. 12911 OF 2024 IN FAST/24296/2024 SUDAM UMLA RATHOD
959 CIVIL APPLICATION NO. 12918 OF 2024 IN FAST/24256/2024 PANKABAI W/O SUKHLAL RATHOD 960 CIVIL APPLICATION NO. 12954 OF 2024 IN FAST/24267/2024 BHIMRAO JANU RATHOD 961 CIVIL APPLICATION NO. 13223 OF 2024 IN FAST/24207/2024 MUKTIRAM REVA RATHOD 962 CIVIL APPLICATION NO. 13224 OF 2024 IN FAST/25225/2024 BALCHAND DHAVAJI RATHOD 963 CIVIL APPLICATION NO. 13267 OF 2024 IN FAST/25323/2024 SUKHDEV LAXMAN RATHOD 964 CIVIL APPLICATION NO. 13304 OF 2024 IN FAST/25320/2024 BABA SAKHARAM CHAVHAN (DIED) THR. LRS. NILABAI W/O BABA CHAVAN AND ORS
966 CIVIL APPLICATION NO. 13945 OF 2024 IN FAST/29438/2024 NANU KHEMA CHAVAN 967 CIVIL APPLICATION NO. 13979 OF 2024 IN FAST/25331/2024 SANJAY SUKHLAL RATHOD 968 CIVIL APPLICATION NO. 14061 OF 2024 IN FAST/29368/2024 DEVICHAND REWA RATHOD (DIED) THR. LRS SAHEBRAO DEVICHAND RATHOD ...
Adv. for Applicants in all : Mr. S. M. Kakde (Through V. C.). AGP for Respondent/s-State in all : Mr. B. A. Shinde. ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 01.07.2025 PER COURT :- 1.
Heard Mr. Kakde for the applicants and learned AGP for the respondents/State.
2.
Applicants are seeking condonation of delay in preferring first appeals.
3.
Learned counsel for the applicants tenders on record relevant information in tabular form indicating length of delay and length of lapses in each matter. Following is the said table :
Date of 1st Sr.
No.
Particulars C.A. No.
No.
Date of of Days delay filing order date Janu (babu) s/o Umala Rathod Vs. The State of Maharashtra CA/12901/2024 31.08.2024 08.04.2025 Gulab Reva Rathod Vs.
The State of Maharashtra CA/12907/2024 1883 31.08.2024 08.04.2025 Prayagbai Bhimrao Rathod Vs. The State of Maharashtra CA/12908/2024 1942 31.08.2024 08.04.2025 Dnyanoba Tukaram Zhol Vs. The State of Maharashtra CA/12909/2024 1879 31.08.2024 08.04.2025 Rupchand Sakharam ChavhanVs. The State of Maharashtra CA/12910/2024 1648 31.08.2024 08.04.2025 Sudam Umla Rathod Vs.
The State of Maharashtra CA/12911/2024 1694 31.08.2024 08.04.2025 Pankabai W/o Sukhlal Rathod Vs. The State of Maharashtra CA/12918/2024 1693 31.08.2024 08.04.2025 960 Bhimrao Janu Rathod Vs.
CA/12954/2024 1799 31.08.2024 08.04.2025 The State of Maharashtra 961 Muktiram Reva Rathod CA/13223/2024 1882 30.08.2024 08.04.2025 Vs. The State of Maharashtra Balchand Dhavaji Rathod Vs. The State of Maharashtra CA/13224/2024 1807 10.09.2024 08.04.2025 Sukhdev Laxman Rathod Vs. The State of Maharashtra CA/13267/2024 1722 10.09.2024 08.04.2025 Baba Sakharam Chavhan (died) Thr.
Lrs. Vs. The State of Maharashtra CA/13304/2024 1738 10.09.2024 08.04.2025 Nanu Khema Chavan Vs. The State of Maharashtra CA/13945/2024 1734 17.10.2024 08.04.2025
Sanjay Sukhlal Rathod Vs. The State of Maharashtra CA/13979/2024 1811 10.09.2024 08.04.2025 Devichand Rewa Rathod (died) Thr. Lrs Sahebrao Vs. The State of Maharashtra CA/14061/2024 1849 16.10.2024 08.04.2025 4.
Learned counsel for the applicants submits that delay caused in each appeal is not intentional. There are reasons for condonation of delay stated in civil applications. It is submitted that applicants are ready to forego interest and statutory benefit for the delayed period. 5.
Learned AGP opposes the applications. It is submitted that even after filing appeals, no prompt steps are taken for circulating the matters. The lapses are attributable to the applicants. 6.
I have considered the contents of the civil applications as well as submissions of both sides. The averments in the applications are not controverted. I do not find that there are any malafides on part of applicants in approaching High Court belatedly. They are agriculturists and they have lost their lands in acquisition. I deem it appropriate to condone the delay on certain conditions.
7.
Civil applications are allowed in terms of prayer clause "A" by condoning the delay in every appeal as stated in the above table on condition that applicants shall not be entitled interest and the statutory benefits for the length of delay as well as 50% of the period for the lapses
from date of filing of the appeal till date of first order as enumerated in the above table.
In First Appeals 8.
Admit.
9.
Learned AGP waives service of notice for the respondents/State. 10.
Call for Record and Proceedings from the concerned Court. 11.
Lastly, it is clarified that appellants shall not be entitled to interest and the statutory benefits for the period of delay as well as for 50% of the period from date of filing of the appeals till date of first order as it is separately recorded in the order condoning the delay. (SHAILESH P. BRAHME, J.) ...
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