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Bombay High CourtCA/3406/2025admittedallowedgrantedrule absolute

Balasaheb Lakshman Khavne v. The State Of Maharashtra Through The Collector Jalna And ORS.

2026-01-16Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:1835 ( 1 ) 51 CA 3406 OF 2025+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 51 CIVIL APPLICATION NO. 3406 OF 2025 IN FAST/1945/2025 BALASAHEB LAKSHMAN KHAVNE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

AND 52 CIVIL APPLICATION NO. 8304 OF 2025 IN FAST/15995/2025 BHANUDAS S/O VITTHAL KHAVNE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND ORS ...

Mr. V. D. Bhise h/f. Mr. S. M. Kakade and Mr. D. M. Kakade, Advocate for Applicants Mr. N. D. Raje and Mr. S. N. Morampalle, AGP for Respondent-s/State in respective matters ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 16.01.2026 PER COURT :- .

Issue notice to the respondents. Learned AGPs waive service of notice for respondent nos.1 and 2/State in respective matters. 2.

Applicants seek to condone the delay of 1008 and 1075 days in preferring the appeals.

3.

The averments in the applications have not been controverted by the respondents. There is no reason to infer any malafides on the part of the

( 2 ) 51 CA 3406 OF 2025+ applicants. They are ready to give up the interest and statutory benefits for the delayed period.

4.

It transpires from the record that there are lapses on the part of the applicants in circulating the matters, which is of considerable duration. Those lapses are attributable to them.

5.

Civil Applications are allowed partly. The delay stands condoned on condition that the applicants shall not be entitled to the interest and statutory benefits for the delayed period as well as for the lapses, from the date of filing of the applications till the first orders. FIRST APPEALS STAMP NO.

6.

Issue notice for final disposal to the respondents, returnable on 10.02.2026. Learned AGPs waive service of notice for the respondent nos.1 and 2/State in respective matters.

7.

Call for Record and Proceeding. Print is dispensed with. 8.

Appellants shall not be entitled to the interest and statutory benefits for the delayed period as well as for the lapses, from the date of filing of the applications till the first orders.

9.

The appeals shall be decided finally on the next date. ( SHAILESH P. BRAHME, J. ) PRW