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Bombay High CourtCA/3117/2024admittedallowedgrantedrule absolute

Bajirao Waman Gadade v. The State Of Maharashtra Through Collector, Jalna And ORS

2025-11-06Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:30564 ( 1 ) 20 CA 3117 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 3117 OF 2024 IN FAST/36490/2023 BAJIRAO WAMAN GADADE

VERSUS

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

Mr. S. M. Kakde, Advocate for Applicant Mrs. M. N. Ghanekar, AGP for Respondents-State WITH CIVIL APPLICATION NO. 3118 OF 2024 IN FAST/36492/2023 UDDHAV WAMAN GADADE

VERSUS

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

CORAM

: SHAILESH P. BRAHME, J.

DATE : 06.11.2025 PER COURT :- 1.

Applicants seek to condone the delay of 2289 in preferring the appeals for enhancement of the compensation. Despite service, respondent no.3 has not caused any appearance.

2.

The averments of the applications have not been controverted by the respondents. There are no malafides in preferring the appeals belatedly. It

( 2 ) 20 CA 3117 OF 2024 is desirable to condone the delay. However, the applicants shall not be entitled to interest and statutory benefits for the delayed period and lapses from 22.11.2023 (filing of the appeal) to 14.11.2024 (First order on circulation). 3.

Civil Applications are partly allowed thereby condoning the delay on the condition that the applicants shall not be entitled to interest and statutory benefits for the delayed period as well as for the period of lapses i.e. 22.11.2023 to 14.11.2024.

4.

Office to register the First Appeals.

FIRST APPEALS 1.

Admit.

2.

Call for Record and Proceeding.

3.

Print is dispensed with.

4.

The applicants shall not be entitled to interest and statutory benefits for the delayed period as well as for the period of lapses i.e. 22.11.2023 to 14.11.2024.

( SHAILESH P. BRAHME, J. ) PRW