Prabhakar Limbaji Dangat (Died) Thr Lrs. Ashamati Prabhakar Dangat And ORS v. The State Of Maharashtra Through Collector, Jalna And Others

2025:BHC-AUG:21705 -1- 916-ca-984-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 984 OF 2023 IN FAST/33935/2022 PRABHAKAR LIMBAJI DANGAT (DIED), THROUGH LRS. ASHAMATI PRABHAKAR DANGAT AND OTHERS

VERSUS

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

Advocate for Applicant : Mr. Deepak M.Kakade AGP for Respondent Nos.1 and 2 - State : Mr. S. M. Ganachari Advocate for Respondent No.3 : Ms. Ranjana D. Reddy ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 08 AUGUST 2025 PER COURT :

1.

Present application is for condonation of delay of 1654 days caused in filing appeal against judgment and award passed by the Joint Civil Judge, Senior Division, Jalna in L.A.R. No.855 of 2010. 2.

Learned Advocate for applicants pointed out that, reasons for delay are spelt out in paragraph nos.3 to 8 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- 916-ca-984-2023 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.3 to 8 and in the interest of justice and fair opportunity, delay so caused is required to be condoned. At the same time, the applicants 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 applicants/original claimants shall furnish undertaking that they 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 Ms. Ranjana Reddy waives service of notice on behalf of respondent No.3. (ABHAY S. WAGHWASE, J.) Tandale