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Bombay High CourtCA/4167/2024disposed off

Asaram Shrirangrao Chavhal v. The State Of Maharashtra Through The Collector Jalna And ORS.

2026-04-18Hon'Ble Shri Justice Shailesh P. Brahme6 pages

2026:BHC-AUG:16941 1 930 ca 14036.24 + group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14036 OF 2024 FIRST APPEAL STAMP NO. 26264 OF 2024 Kashinath Manohar Rajbinde Since deceased through his L.Rs.

Dwarka Kashinath Rajbinde and others .. Applicants CIVIL APPLICATION NO. 3477 OF 2026 FIRST APPEAL STAMP NO. 6019 OF 2022 Devidas Bhaurao Karpe Since deceased through his L.Rs.

Chaturabai Karpe and others CIVIL APPLICATION NO. 3478 OF 2026 FIRST APPEAL STAMP NO. 6013 OF 2022 Sopan Bapurao Rajbinde Since deceased through his L.Rs.

Ramkala Sopan Rajbinde and others CIVIL APPLICATION NO. 4191 OF 2024

2 930 ca 14036.24 + group FIRST APPEAL STAMP NO. 2346 OF 2024 Shivaji Govindrao Panage CIVIL APPLICATION NO. 2755 OF 2025 FIRST APPEAL STAMP NO. 2340 OF 2024 Vikram Babpurao Choudhary and another CIVIL APPLICATION NO. 13224 OF 2025 FIRST APPEAL STAMP NO. 24695 OF 2025 Prakash Babasaheb Kharat CIVIL APPLICATION NO. 12551 OF 2025 FIRST APPEAL STAMP NO. 24688 OF 2025 Indar Babasaheb Kharat

3 930 ca 14036.24 + group CIVIL APPLICATION NO. 4196 OF 2024 FIRST APPEAL STAMP NO. 2354 OF 2024 Sundar Abhiman Rajbinde Since deceased through his L.Rs.

Indrabai and others CIVIL APPLICATION NO. 2763 OF 2025 FIRST APPEAL STAMP NO. 1761 OF 2024 Shahurao Bapurao Rajbinde CIVIL APPLICATION NO. 4167 OF 2024 FIRST APPEAL STAMP NO. 1934 OF 2024 Asaram Shrirangrao Chavhal CIVIL APPLICATION NO. 4293 OF 2024 FIRST APPEAL STAMP NO. 2345 OF 2024 Govind Ashroba Panage

4 930 ca 14036.24 + group CIVIL APPLICATION NO. 4291 OF 2024 FIRST APPEAL STAMP NO. 2353 OF 2024 Dinkar Tryambak Rajbinde CIVIL APPLICATION NO. 14044 OF 2024 FIRST APPEAL STAMP NO. 26261 OF 2024 Rustum Bapurao Rajbinde Shri D. A. Bide, Advocate for the Applicants in all matters. Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in all matters.

Shri S. G. Bhalerao, Advocate for the respondent No. 3 in all matters.

CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH APRIL, 2026.

FINAL ORDER :

.

Heard learned counsel for the applicants, learned A. G. P. for the respondents/State and the learned counsel for the acquiring body.

2.

Applicants seek to condone delay ranging from 3167 to

5 930 ca 14036.24 + group 4754 days caused in preferring first appeals. For the reasons stated in the applications the delay is sought to be condoned. It is further contended that appeals can be decided finally because these are the covered matters by earlier view taken by this Court.

3.

The applications are contested by the respondents. 4.

The averments of the applications have gone uncontroverted. There is no reason to infer any mala-fides on the part of the applicants. They are ready to give up interest and statutory benefits for the delayed period. In case of lapses on the part of the applicants, especially in Civil Application No. 3478 of 2026 in First Appeal Stamp No. 6013 of 2022 and Civil Application No. 3477 of 2026 in First Appeal Stamp No. 6019 of 2022, they are not entitled to benefits for the period of lapses also.

5.

For the reasons stated in the applications, the delay stands condoned on condition that applicants shall not be entitled to claim interest and statutory benefits for the delayed period. 6.

In Civil Application No. 3478 of 2026 in First Appeal Stamp No. 6013 of 2022 and Civil Application No. 3477 of 2026 in First Appeal Stamp No. 6019 of 2022 the delay stands condoned on condition that applicants shall not be entitled to claim interest and statutory benefits for the delayed period as

6 930 ca 14036.24 + group well as for the period of lapses from filing of application till securing of the first order.

7.

Office shall register the first appeals. The civil applications are disposed of.

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