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Bombay High CourtCA/3838/2025admittedallowedgrantedrule absolute

Ramdhan Soma Chavan Died Thr Lrs Ramesh Ramdhan Chavan And ORS v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025-06-09Hon'Ble Shri Justice Shailesh P. Brahme2 pages

1 132-CA.3838-25 (delay).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 132 CIVIL APPLICATION NO. 3838 OF 2025 IN FAST/10285/2025 RAMDHAN SOMA CHAVAN DIED THR LRS RAMESH RAMDHAN CHAVAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

...

Advocate for Applicants : Mr. Pingale Durgesh M. AGP for Respondent/s-State : Mr. D. B. Bhange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 09.06.2025 PER COURT :- 1.

Heard both the sides.

2.

Learned counsel for the applicants prays to condone delay of 4201 days on the grounds stated in paragraph Nos.3 and 4 of the application. He would submit that delay is not intentional. He would also press into service grounds of parity by tendering the copy of judgment dated 01.10.2024 passed by the Co-ordinate Bench in First Appeal No.987 of 2017. 3.

Learned AGP would oppose the submissions. He would submit that the delay is inordinate and has not been satisfactorily explained.

2 132-CA.3838-25 (delay).odt 4.

I have gone through the contents of the application. I find that those are good grounds to condone the delay. Considering the length of delay, it would be appropriate to forefeit interest and statutory benefits for the delayed period. 5.

Civil application is allowed in terms of prayer clause "A" on condition that applicants shall not be entitled to interest and statutory benefits for the delayed period. 6.

Office shall register first appeal.

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

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