Namdev Sakharam Magar Died Thr Lrs Kishan Namdev Magar And ORS v. The State Of Maharashtra Through The Collector Parbhani And ORS

2026:BHC-AUG:2566 1 48 ca 13208.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13208 OF 2024 IN FIRST APPEAL STAMP NO. 15506 OF 2023 Namdev Sakharam Magar Since deceased through his L.Rs.

Kishan Namdev Magar and others .. Applicants

Versus

The State of Maharashtra, through Collector Parbhani and others .. Respondents Shri Vitthal D. Bhise, Advocate for the Applicants. Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2. Shri S. C. Arora, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 20TH JANUARY, 2026.

FINAL ORDER :

.

Heard both sides.

2.

Applicants are praying for condonation of delay of 2760 days caused in filing the first appeal for enhancement of compensation. It is submitted that for the reasons stated in the application, the delay deserves to be condoned. 3.

The respondents are opposing the application contending that there are no sufficient and proper reasons stated in the application for condonation of delay.

2 48 ca 13208.24 4.

The averments in the applications have not been controverted by the respondents by filing any say. There is no reason to infer any oblique motive on the part of the applicants in preferring the appeal belatedly. They are ready to give up the interest and statutory benefits for the delayed period. 5.

For the reasons stated in the application, the civil application is allowed on condition that the applicants shall not be entitled to claim interest and statutory benefits for the delayed period. Office shall register the first appeal. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Jan. 26