← Library
Bombay High CourtCA/13263/2024admittedallowedgrantedrule absolute

Ganpat Ramsing Rathod v. The State Of Maharashtra Through Collector Jalna And ORS

2026-02-12Hon'Ble Shri Justice Shailesh P. Brahme4 pages

2026:BHC-AUG:6510 1 79 to 85 ca 13263.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 79 CIVIL APPLICATION NO. 13263 OF 2024 IN FIRST APPEAL STAMP NO. 20836 OF 2024 Ganpat Ramsing Rathod .. Applicant

Versus

The State of Maharashtra, through Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 to 3. AND 80 CIVIL APPLICATION NO. 13977 OF 2024 IN FIRST APPEAL STAMP NO. 28144 OF 2024 Sitaram Bhaurao Kendhale Since deceased through his L.Rs.

Lilavati Sitaram Kendhale and others .. Applicants

Versus

The State of Maharashtra, through Shri S. M. Kakde, Advocate for the Applicants. Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 to 3. AND 81 CIVIL APPLICATION NO. 13984 OF 2024 IN FIRST APPEAL STAMP NO. 30068 OF 2024 Sangita Sarjerao Khandare .. Applicant

Versus

The State of Maharashtra, through

2 79 to 85 ca 13263.24 Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 to 3. AND 83 CIVIL APPLICATION NO. 1414 OF 2025 IN FIRST APPEAL STAMP NO. 28139 OF 2024 Ganesh Maroti Sontakke .. Applicant

Versus

The State of Maharashtra, through Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 to 3. AND 84 CIVIL APPLICATION NO. 3405 OF 2025 IN FIRST APPEAL STAMP NO. 1955 OF 2025 Balchand Rekhaa Rathod since deceased through his L.Rs.

Lakshmibai (died) through L.Rs.

Raju Balchand Rathod and another .. Applicants

Versus

The State of Maharashtra, through Shri S. M. Kakde, Advocate for the Applicants. Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 to 3. AND 85 CIVIL APPLICATION NO. 4011 OF 2025 IN FIRST APPEAL STAMP NO. 4405 OF 2025 Dnyaneshwar Ramdas Rathod .. Applicant

Versus

The State of Maharashtra, through

3 79 to 85 ca 13263.24 Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 to 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 12TH FEBRUARY, 2026.

FINAL ORDER :

.

Common order can be passed in all these applications for condonation of delay.

2.

Following are the material particulars which tendered by the applicants.

Date of filing Date of 01st Sr.

No.

Name of Applicant Civil Appln.

No.

Number of days delay order Ganpat Ramsing Rathod 13263/2024 02/08/2024 08/08/2025 Sitaram Bhaurao Kendhale 13977/2024 07/10/2024 08/08/2025 Sangita Sarjerao Khandare 13984/2024 22/10/2024 08/08/2025 Ganesh Maroti Sontakke 1414/2025 07/10/2024 08/08/2025 Balchand Rekha Rathod (Died) 3405/2025 15/01/2025 08/08/2025 Dnyaneshwar Ramdas Rathod 4011/2025 06/02/2025 08/08/2025 3.

In the matters in which delay is sought to be condoned, the averments of the applications have not been controverted by the respondents. Applicants are ready to give up interest and statutory benefits for the delayed period.

4.

Learned A. G. P. for the respondents - acquiring body point out that there are lapses on the part of the applicants, which can

4 79 to 85 ca 13263.24 be seen from above chart, which are attributable to the applicants.

5.

For the reasons stated in the applications, the applications are allowed. The delay stands condoned subject to condition that the applicants shall not be entitled to claim interest and statutory benefits for the delayed period as well as for the period of lapses from the date of filing of applications till the date of first order as shown in the above referred chart. Office shall register the first appeals. The civil applications are disposed of. 6.

It is clarified that no forfeiture of benefit of lapses is applicable in the matters bearing Civil Application No. 3405 of 2025 and Civil Application No. 4011 of 2025.

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