Ibrahim S/O Habibkha Pathan v. State Of Maharashtra Through The Collector, Wardha And Others

2026:BHC-NAG:2559 1 60. CAF 4582 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.4582 OF 2025 IN FIRST APPEAL (STAMP) NO.3574 OF 2020 IBRAHIM S/O HABIBKHA PATHAN

VERSUS

STATE OF MAHARASHTRA THROUGH THE COLLECTOR, WARDHA AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.S. Gokhale h/f Mr. R.J. Shinde, Advocate for Applicant. Mr. S.C. Joshi, AGP for Respondent Nos.1 & 2-State. Ms. K.V. Chalakh, Advocate for Respondent Nos.3 & 4. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 13th FEBRUARY 2026 1.

Heard learned Advocate for the applicant.

2.

This is an application filed by the original claimant seeking condonation of delay of 1018 days in filing statutory appeal. 3.

In response to the notice, Advocate Ms. K.V. Chalakh, appears on behalf of respondent Nos.3 and 4.

4.

Learned Advocate for the applicant submits there is delay of 1018 days in filing statutory appeal, which was occurred since the applicant was not aware about the provisions to file appeal in time and on account of his family problems, the appeal was not filed. He, therefore, submits that, the delay is unintentional. 5.

Having regard to the contents of the application and submissions advanced, the application is allowed and the delay of 1018 days in filing statutory appeal is condoned, however, subject to

2 60. CAF 4582 of 2025.odt the applicant/appellant waiving the statutory benefits and interest for the period of delay.

6.

The civil application is accordingly disposed of. 7.

A copy of this order be annexed with the order sheet of the first appeal, to be registered after condonation of delay. (PRAFULLA S. KHUBALKAR, J.) asd