Gopal Govindrao Chavhan v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025:BHC-AUG:15411 1 996 ca 8165.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8165 OF 2024 IN FIRST APPEAL STAMP NO. 13353 OF 2024 Ashok Janardhan Khandare .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Shubham M. Kakde, Advocate for the Applicant. Shri D. B. Bhange, Advocate for the Respondent Nos. 1 and 2. AND CIVIL APPLICATION NO. 13241 OF 2024 IN FIRST APPEAL STAMP NO. 20839 OF 2024 Bapurao Shamrao Bandage .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Shubham M. Kakde, Advocate for the Applicant. Shri B. A. Shinde, Advocate for the Respondent Nos. 1 and 2. AND CIVIL APPLICATION NO. 13303 OF 2024 IN FIRST APPEAL STAMP NO. 20791 OF 2024 Gopal Govindrao Chavhan .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Shubham M. Kakde, Advocate for the Applicant. Shri D. B. Bhange, Advocate for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH JUNE, 2025.

2 996 ca 8165.24 FINAL ORDER :

.

Heard both sides.

2.

There is delay of 1792 days caused in filing appeal by Ashok Janardhan Khandare, 1787 days in filing appeal by Baburao Shamrao Bandage and 1984 days in filing appeal by Gopal Govindrao Chavan. For the reasons stated in para Nos. 2 to 9, they are soliciting condonation of delay. It is contended that there are no malafides on the part of the applicants. They are ready to give up interest and statutory benefits for the delayed period.

3.

Learned Assistant Government Pleader for the respondent Nos. 1 and 2 repel the submissions stating that delay has not been properly explained. There are lapses on the part of the applicants.

4.

It reveals that in the matter of Ashok Janardhan Khandare appeal was filed on 29.04.2024. In the case of Baburao Shamrao Bandage it was filed on 30.07.2024 and in the case of Gopal Govindrao Chavan it was filed on 01.08.2024. Applicants did not take steps to circulate the matters for condonation of delay in time. First order was secured on 12.03.2025 in all matters.

5.

Considering rival submissions of the parties and contents

3 996 ca 8165.24 of civil applications, I am of the considered view that the delay deserves to be condoned. There are no malafides on the part of the applicants.

6.

The civil applications are allowed in terms of prayer clause 'A' on condition that the applicant Ashok Janardhan Khandare shall not be entitled to interest and statutory benefits for 1792 days as well as 50% of the period from 29.04.2024 to 12.03.2025. In case of Baburao Shamrao Badange, he shall not be entitled to interest and statutory benefits for the period of 1787 days and 50% from 30.07.2024 to 12.03.2025. In case of Gopal Govindrao Chauhan, he shall not be entitled for interest and statutory benefits for 1984 days and 50% from 01.08.2024 to 12.03.2025. 7.

Office is directed to register the first appeals. 8.

The civil applications are disposed of.

[ SHAILESH P. BRAHME J. ] bsb/June 25