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Bombay High CourtCA/1640/2025admittedallowedgrantedrule absolute

Reshmabai Gulabsing Girase v. The Collector, Dhule And ORS

2025-06-26Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:16431 1 984(i).CA.1640-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1640 OF 2025 IN FAST/35424/2024 RESHMABAI GULABSING GIRASE

VERSUS

THE COLLECTOR, DHULE AND ORS ...

Advocate for Applicant : Mr. Yash S. Pareek h/f Mr. Kale Ajeet B. Advocate for Respondent Nos. 1 and 2/State : Mr. D. B. Bhange ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 26th JUNE 2025 PER COURT :

1.

Heard learned Counsel Mr. Pareek for the Applicant and learned AGP Mr. Bhange for State. None for the Respondent No.3. 2.

Applicant is seeking condonation of delay of 1766 days in preferring First Appeal for enhancement on the basis of grounds stated in Paragraph Nos. 2 to 14 of the application. 3.

Learned AGP opposes the application by referring to affidavit-in-reply.

4.

I have gone through the contents of the application. I do not find that there are any malafides in preferring appeal belatedly. I propose to adopt the pragmatic approach in condoning delay on certain conditions.

2 984(i).CA.1640-2025.doc 5.

Civil Application is allowed in terms of prayer clause 'B' on condition that Applicant shall not be entitled to interest and statutory benefits for the delayed period.

SHAILESH P. BRAHME JUDGE NAJEEB..