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Bombay High CourtCA/13319/2024admittedallowedgrantedrule absolute

Sukhdev Bhika @ Bhima Rathod And ANR v. The State Of Maharashtra Through Collector, Jalna And ORS

2026-03-17Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:11613 1 07 to 11 ca 11286.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 07 CIVIL APPLICATION NO. 11286 OF 2024 IN FIRST APPEAL STAMP NO. 20782 OF 2024 Kondibai Onkar More .. Applicant

Versus

The State of Maharashtra, through the Collector, Jalna and others .. Respondents AND 08 CIVIL APPLICATION NO. 11698 OF 2024 IN FIRST APPEAL STAMP NO. 20844 OF 2024 Sushilsing Mahavirsing Rajput .. Applicant

Versus

The State of Maharashtra, through the Collector, Jalna and others .. Respondents AND 09 CIVIL APPLICATION NO. 13254 OF 2024 IN FIRST APPEAL STAMP NO. 29901 OF 2024 Renuka Bhika @ Bhima Rathod .. Applicant

Versus

The State of Maharashtra, through the Collector, Jalna and others .. Respondents AND 10 CIVIL APPLICATION NO. 13319 OF 2024 IN FIRST APPEAL STAMP NO. 30065 OF 2024 Sukhdev Bhika @ Bhima Rathod and another .. Applicants

Versus

2 07 to 11 ca 11286.24 The State of Maharashtra, through the Collector, Jalna and others .. Respondents AND 11 CIVIL APPLICATION NO. 14068 OF 2024 IN FIRST APPEAL STAMP NO. 29899 OF 20 Murlidhar Ramdhan Rathod .. Applicant

Versus

The State of Maharashtra, through the Collector, Jalna and others .. Respondents Shri S. M. Kakade, Advocate for the Applicant in all matters. Shri V. V. Jahagirdar, Shri S. M. Morampalle and Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 to 3 in respective matters. CORAM : SHAILESH P. BRAHME, J.

DATE : 17TH MARCH, 2026.

FINAL ORDER :

.

Learned A. G. P. appears for the respondents and matters are ready for hearing.

2.

Applicants seek to condone delay ranging from 1732 to 1991 days caused in preferring first appeals. It is submitted that for the reasons stated in the applications delay needs to be condoned.

3.

Averments of the applications have not been controverted by the respondents. There is no reason to doubt any malafides on the part of the applicants. They are ready to give up interest

3 07 to 11 ca 11286.24 and statutory benefits for the delayed period. 4.

Learned A. G. P. points out lapses on the part of the applicants. Same requires consideration.

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 receive interest and statutory benefits for the delayed period as well as lapses from the date of filing applications and passing of the first order, which is given hereinbelow :

Date of 1st Sr.

No.

Civil Application No.

Number of days delay Date of filing of civil application Order 11286 of 2024 01.08.2024 03.02.2026 11698 of 2024 02.08.2024 03.02.2026 13254 of 2024 21.10.2024 03.02.2026 13319 of 2024 22.10.2024 03.02.2026 14068 of 2024 21.10.2024 03.02.2026 6.

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

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