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Bombay High CourtCA/755/2024admittedallowedgrantedrule absolute

Jagannath Krushna Lokhande And ORS v. Sub Divisional Officer Taloda And ANR

2025-07-21Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 755 OF 2024 IN FAST/39375/2023 Jagannath Krushna Lokhande & others ....Applicants

VERSUS

Sub Divisional Officer Taloda & another .....Respondents .....

Mr. K. M. More, Advocate for Applicants.

Mr. S. K. Shirse, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE : 21st JULY, 2025.

PER COURT :

1.

This is an Application for condonation of delay of 214 days in fling First Appeal against the judgment and order passed by Jt. Civil Judge Junior Division, Shahada, Dist. Nandurbar in LAR No. 4/2016.

2.

It is the case of the Applicants that they are agriculturists and for want of legal knowledge, the Appeal could not be filed within limitation.

3.

Heard learned counsel for both sides. Learned AGP vehemently opposed the Application.

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Considering the reasons mentioned in the Application, no malafides can be attributed to the Applicants for not filing the Appeal within limitation. In any case, since Appeal is filed belatedly, Appellants would not be entitled to seek any interest on amount enhanced, if any, in the First Appeal.

5.

In view of above, Application is allowed. Appeal be registered.

( R. M. JOSHI) Judge dyb