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Bombay High CourtCA/2422/2025admittedallowedgrantedrule absolute

Sangita Rushikumar Waghmare v. The State Of Maharashtra Through The Collector Jalna And ORS.

2026-01-23Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:3281

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 2422 OF 2025 IN FAST/1868/2025 SANGITA RUSHIKUMAR WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

AND 44 CIVIL APPLICATION NO. 2757 OF 2025 IN FAST/1941/2025 DILIP UTTAM RATHOD AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

AND 45 CIVIL APPLICATION NO. 2768 OF 2025 IN FAST/1899/2025 NAGORAO SHRIPATI WAGHMARE (DIED) THR. LRS PRABHAKAR NAGORAO WAGHMARE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

...

Advocate for Applicants in all : Mr. Kakde S. M. AGPs for Respondent/s-State : Mr. S. V. Hange, Mr. S. N. Morampalle, Mr. N. D. Raje, respectively.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 23.01.2026 PER COURT :- 1.

Applicants seek to condone delay in preferring first appeals.

2.

There are lapses on the part of the applicants also in securing first order after filing of the applications. Applicants are ready to forego interest and statutory benefits for the delayed period.

3.

Following are the material particulars necessary to decide the applications :

Date of 1st Sr.

No.

Civil Application No.

No. of Date of Filing Days Delay application order date 2422/2025 15/01/2025 19/08/2025 2757/2025 15/01/2025 19/08/2025 2768/2022 15/01/2025 19/08/2025 4.

The applications are contested by respondents. It is submitted that applicants are not entitled to interest and statutory benefits for the delayed period as well as period of lapses.

5.

The averments of the applications have not been controverted. There is no reason to infer any malafides. In present first appeals the lapses are marginal and condonable. The delay stands condone on condition that applicants shall not be entitled to interest and statutory benefits for the delayed period as well as period of lapses from the date of filing of application to date of securing first order.

6.

Civil applications for delay are allowed.

First Appeals 7.

Admit.

8.

Learned AGPs waive service of notice for the 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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