Parwatibai Madhavrao Shitole (Died) Thr. Lrs. Sojarbai Ashok Shitole And ANR v. The State Of Maharashtra, Hrough The Collector, Osmanabd And ANR

2025:BHC-AUG:32887 19 CA 1420 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 1420 OF 2025 IN FAST/32961/2024 PARWATIBAI MADHAVRAO SHITOLE (DIED) THR. LRS. SOJARBAI ASHOK SHITOLE AND ANR

VERSUS

THE STATE OF MAHARASHTRA, HROUGH THE COLLECTOR, OSMANABD AND ANR ...

Advocate for Applicant : Mr. Ingale Vivekanand V. AGP for Respondent nos. 1 & 2 : Mr. S.V. Hange ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 26.11.2025 PER COURT :

Heard.

2.

The applicants seek to condone delay of 2811 days in preferring the appeal.

3.

The learned A.G.P. opposes the application.

4.

The reasons stated in the application for condonation of delay have not been controverted. There are no mala fides on the part of the applicants in preferring the appeal belatedly. It is desirable to condone the delay by imposing certain conditions.

5.

The applicants have filed appeal on 29.11.2024 along with application for condonation of delay. First order is solicited on 11.07.2025. The lapses are attributable to the applicants.

6.

The Civil Application is allowed and the delay stands condoned on condition that the applicants shall not entitled to claim interest and the 1/2

19 CA 1420 25.odt statutory benefits for the delayed period as well as for the period of lapses referred above.

7.

The Civil Application is disposed of.

FIRST APPEAL (STAMP) :

Issue notice for final disposal, returnable on 18.12.2025. The matter shall be placed in disposal category.

2.

The learned A.G.P. waives for respondent nos.1 and 2. ( SHAILESH P. BRAHME, J.) mkd/- 2/2