Maroti Anna Rajbinde v. The State Of Maharashtra Through The Collector Jalna And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 73 CIVIL APPLICATION NO. 14038 OF 2024 IN FAST/26257/2024 JAGAN MANIKRAO RAJBINDE THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS CIVIL APPLICATION NO. 14039 OF 2024 IN FAST/26257/2024 Advocate for Applicant/s : Ms. Vikhyati Jain h/f Mr. Bide D. A. AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for respective Respondent No.3 : Mr. Survase B. R. ...

74 CIVIL APPLICATION NO. 14040 OF 2024 IN FAST/25930/2024 PARMESHWAR BABASAHEB KHARAT CIVIL APPLICATION NO. 14041 OF 2024 IN FAST/25930/2024 AGP for Respondent/s-State : Mr. S. N. Morampalle. Advocate for Respondent No.3 : Mr. Arora Shyam Chotelal. 75 CIVIL APPLICATION NO. 14044 OF 2024 IN FAST/26261/2024 RUSTUM BAPURAO RAJBINDE THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS CIVIL APPLICATION NO. 14045 OF 2024 IN FAST/26261/2024

AGP for Respondent/s-State : Mr. N. D. Raje.

76 CIVIL APPLICATION NO. 14046 OF 2024 IN FAST/26268/2024 MAROTI ANNA RAJBINDE CIVIL APPLICATION NO. 14047 OF 2024 IN FAST/26268/2024 AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respondent No.3 : Mr. Bhalerao Sudhir Govind. 77 CIVIL APPLICATION NO. 14050 OF 2024 IN FAST/25815/2024 BABASAHEB PUNJAJI KHARAT DIED THR LRS INDAR KHARAT AND ORS WITH CIVIL APPLICATION NO. 1834 OF 2025 IN FAST/25815/2024 WITH CIVIL APPLICATION NO. 14051 OF 2024 IN FAST/25815/2024 Advocate for Applicants : Mr. Bide Dnyaneshwar A. AGP for Respondent/s-State : Mr. S. N. Morampalle. 78 CIVIL APPLICATION NO. 14052 OF 2024 IN FAST/25970/2024 VITTHAL MADHVRAO RAJBINDE DIED THR LRS MANDUBAI VITTHALRAO RAJBINDE AND ORS

CIVIL APPLICATION NO. 14053 OF 2024 IN FAST/25970/2024 Advocate for Applicants : Mr. Bide Dnyaneshwar A. AGP for Respondent/s-State : Mr. N. D. Raje.

Advocate for Respondent No.3 : Mr. Survase B. R. 79 CIVIL APPLICATION NO. 14054 OF 2024 IN FAST/25926/2024 DATTA RANGNATH RAJBINDE CIVIL APPLICATION NO. 14055 OF 2024 IN FAST/25926/2024 AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respondent No.3 : Mr. Bhalerao Sudhir Govind. CORAM : SHAILESH P. BRAHME, J.

DATE : 05.02.2026 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to condone delay which is ranging from 71 to 4700 days delay in preferring first appeals. 3.

Applications are contested by the respondents.

4.

The averments of the applications have not been traversed. There is no reason to infer any malafides on the part of the applicants. Applicants are ready to give up interest and statutory benefits for the delayed period. The delay stands condone on the condition that applicants shall not be entitled to interest and statutory benefits for the delayed period. 5.

Civil applications for delay are allowed accordingly. Civil Applications for Addition Evidence 6.

Civil applications to produce addition evidence are not pressed as learned counsel does not pray for the same. 7.

List all the first appeals in disposal category on 26.02.2026.

Civil Application No.1834 of 2025 for L.Rs.

8.

Applicants seek to condone delay of 968 days in setting aside abatement and bringing legal heirs of deceased claimant Babasaheb Punjaji Kharat on record.

9.

The cause of action survives as against the legal heirs. They are necessary parties. The delay is unintentional. The

delay stands condoned, abatement is set aside and leave is granted to bring legal heirs of deceased claimant on record. 10.

Civil application is allowed.

11.

Both parties shall be at liberty to carry out necessary amendment.

12.

Time is extended by three (3) weeks for service of notice in Civil Application No.14044 of 2024 at Serial No.75. (SHAILESH P. BRAHME, J.) vmk/-