Mahendra Jagannath Suryawanshi v. Sub Divisional Officer Taloda And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 754 OF 2024 IN FAST/39363/2023 WITH FAST/39363/2023 Hiralal Dagadu Mali ....Applicant

VERSUS

Sub Divisional Officer, Taloda, Sub Divisional Office, Taloda, Nandurabar & another .....Respondents .....

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

Mr. S. N. Kendre, AGP for the State.

WITH CIVIL APPLICATION NO. 752 OF 2024 IN FAST/39368/2023 WITH FAST/39368/2023 Lakshmibai Rupchand Mali (Deceased through LRs) & others ....Applicants

VERSUS

Sub Divisional Officer, Taloda, Sub Divisional Office, Taloda, Nandurabar & another .....Respondents .....

Mr. K. M.More, Advcoate for the Applicants.

Ms. R. R. Tandale, AGP for the State.

WITH CIVIL APPLICATION NO. 751 OF 2024 IN FAST/39381/2023 WITH FAST/39381/2023

- 2 - Mahendra Jagannath Suryawanshi ....Applicant

VERSUS

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

Mr. K. M. More, Advocate for the Applicant.

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

CORAM : R. M. JOSHI, J.

DATE : 21st JULY, 2025.

PER COURT :

1.

These Applications are for condonation of delay of 129 days in filing Appeals against the judgment and order passed by Civil Judge Junior Division, Shahada Dist. Nandurbar in LAR Nos. 05/2016, 08/2016 and 15/2016 respectively.

2.

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

3.

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

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Considering the reasons mentioned in the Application, no malafides can be attributed to the Applicants for not filing the Appeals within limitation. In any case, since Appeals are 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, Applications stand allowed. Appeals be registered.

( R. M. JOSHI) Judge dyb