Sarvar Masum Sayyad Died Thr Lrs Chand Sarvar Sayyad And ORS v. The State Of Maharashtra Through The Collector Nanded And ORS.

2026:BHC-AUG:12093 1 107 ca 8764.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8764 OF 2024 IN FIRST APPEAL STAMP NO. 10425 OF 2024 Sarvar Masum Sayyad Since deceased through his L.Rs.

Chand Sarvar Sayyad and others .. Applicants

Versus

The State of Maharashtra Through The Collector Nanded and others .. Respondents Shri Panditrao S. Anerao, Advocate for the Applicants. Shri V. V. Jahagirdar, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 17TH MARCH, 2026.

FINAL ORDER :

.

Applicant seeks to condone delay of 3432 days caused in preferring first appeal.

2.

Learned A. G. P. Appears for the respondent Nos. 1 and 2. None appears for the respondent No. 3, though served. 3.

The contents of the application have not been controverted by the respondents. There is no reason to infer any malafides on the part of the applicants. They are ready to give up interest and statutory benefits for the delayed period.

2 107 ca 8764.24 4.

Learned A. G. P. points out lapses on the part of the applicants. It is submitted that the application for condonation of delay was filed on 04.04.2024 and first order was obtained on 16.12.2025. The lapses are attributable to the applicants. 5.

For the reasons stated in the application, the civil application is allowed. The delay stands condoned on condition that the applicant shall not be entitled to claim interest and statutory benefits for the delayed period as well as for the period of lapses from 04.04.2024 till 16.12.2025. Office shall register the first appeal. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/March 26