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Bombay High CourtCA/4688/2025admittedallowedgrantedrule absolute

Vishwanathappa Nagshettiappa Kapse Died Thr His Lrs Vijaykumar Vishwanathappa Kapse And Others v. The State Of Maharashtra And Another

2026-02-12Hon'Ble Shri Justice Kishore C. Sant , Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

Ethape ( 1 ) 8-CA-4688-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 4688 OF 2025 IN X-OBJST/10357/2015 Vishwanathappa Nagshettiappa Kapse Died Thr His Lrs Vijaykumar Vishwanathappa Kapse And Others

VERSUS

The State Of Maharashtra And Another WITH FIRST APPEAL NO. 2231 OF 2012 WITH X-OBJECTION NO. 60 OF 2024 IN FA/2230/2012 WITH FIRST APPEAL NO. 2230 OF 2012 ...

Mr. Ravibhushan P. Adgaonkar, Advocate for Applicant. Ms. Rashmi P. Gaur, AGP for Respondent-State. CORAM : KISHORE C. SANT & SUSHIL M. GHODESWAR, JJ.

DATE : 12th FEBRUARY 2026.

PC :- 1.

Heard the learned Advocate for the applicant. 2.

This application is filed for condonation of delay of 967 days caused in filing the cross objection in the first appeal. 3.

For the reasons stated in the application, application is allowed,

Ethape ( 2 ) 8-CA-4688-2025 subject to depositing cost of Rs.1,000/- to be paid to the Library of the Government Pleader, High Court of Bombay Bench at Aurangabad, within two weeks from today. Delay stands condoned. Office to register cross-objection.

4.

It is made clear that the applicant shall not be entitled to get any interest or statutory benefits for the delayed period in case the crossobjection is allowed and amount of compensation is enhanced. 5.

With this, civil application stands disposed off. [SUSHIL M. GHODESWAR, J.] [KISHORE C. SANT, J.]