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Bombay High CourtCA/13975/2024admittedallowedgrantedrule absolute

Rama Guna Thorat (Died) Thr. Lrs Bhagwan Rama Thorat And ORS v. The State Of Maharashtra, Through The Collector, Jalna And ORS

2026-03-10Hon'Ble Shri Justice Shailesh P. Brahme4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 60 CIVIL APPLICATION NO. 10162 OF 2023 IN FAST/15721/2023 TUKARAM LACCHU RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS AND 61 CIVIL APPLICATION NO. 10415 OF 2023 IN FAST/19576/2023 JANKIRAM DHONDIRAM RATHOD (DIED) THR LRS. ANITA JANKIRAM RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS AND 63 CIVIL APPLICATION NO. 14036 OF 2023 IN FAST/26315/2023 JANKIRAM @ JANU SAKLAL RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

AND 66 CIVIL APPLICATION NO. 13975 OF 2024 IN FAST/28204/2024 RAMA GUNA THORAT (DIED) THR. LRS BHAGWAN RAMA THORAT AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALNA AND ORS AND 67 CIVIL APPLICATION NO. 13982 OF 2024 IN FAST/28213/2024 SATISH BHIKAJI KENDHALE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE

COLLECTOR, JALNA AND ORS ...

Advocate for Applicants : Mr. Kakde S. M.

AGPs for Respondent/s-State : Mr. S. N. Morampalle, Mr. N. D. Raje, respectively.

...

CORAM :

SHAILESH P. BRAHME, J.

DATE :

10.03.2026 PER COURT :- 1.

Issue notice to the respondents.

2.

Learned AGPs waive service of notice for the respondents/State Authorities.

3.

Applicants are praying for condonation of delay in preferring first appeals. They are ready to give up interest and statutory benefits for the delayed period.

4.

Learned AGP oppose the applications. It is submitted that there are lapses on the part of the applicants who did not circulate the matters after filing it.

5.

The contents of the applications have not been traversed 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. They are liable for the lapses because matters were not promptly circulate for

securing first order. The delay stands condone on condition that applicants shall not be entitled to interest and statutory benefits as well as for the lapses which are as follows : Date of filing Date of 1st order Sr.

No.

Civil Application Days of No.

Delay 10162/2023 15.05.2023 05.09.2024 10415/2023 27.06.2023 05.09.2024 14036/2023 22.08.2023 05.09.2024 13975/2024 08.10.2024 18.08.2025 13982/2024 08.10.2024 18.08.2025 6.

Civil applications are allowed condoning delay on condition that applicants shall not be entitled to interest and statutory benefits for the delayed period as well as for the period of lapses as stated above.

First Appeals 7.

Admit.

8.

Learned AGP waives service of notice for respondents/State Authorities.

9.

Call for Record and Proceedings from the concerned Court.

10.

Print is dispensed with.

11.

The appellants shall not be entitled to interest and statutory benefits for the delayed period as well as period of lapses.

(SHAILESH P. BRAHME, J.) ...

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