Mahadeo Sitaram Tekale And ORS v. Deelip Wakil Mulekar And ANR

22 CA NO. 6976 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 6976 OF 2025 IN FAST/18239/2025 Mahadeo Sitaram Tekale And Ors

VERSUS

Deelip Wakil Mulekar And Anr ...

Mr. P. S. Chavan, Advocate for Applicant Mr. Majit S. Shaikh, Advocate for respondent No.1 Mr. M. R. Deshmukh, Advocate for respondent No.2 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.03.2026 PER COURT :- 1.

Heard the learned counsel for the parties.

2.

This is an application for condonation of delay of 907 days caused in filing the first appeal.

3.

The learned counsel for respondent No.2 strongly opposed the application and submitted that there is no sufficient reason to condone the delay. If delay is condoned no interest shall be paid to the claimants/appellants.

4.

On perusal of the application, it appears that the delay has not been deliberately caused. Therefore, in the interest of justice, the delay deserves to be condoned on certain conditions.

(( 2 )) 22 CA NO. 6976 OF 2025 5.

For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. The appeal be registered.

6.

It is made clear that in case the amount of compensation is enhanced, the appellants shall not be entitled for the amount of interest for the delayed period.

FIRST APPEAL 1.

Issue notice to the respondents, returnable on 24.06.2026. 2.

Mr. Majit S. Shaikh, learned Advocate waives service of notice for respondent No.1. Mr. M. R. Deshmukh, learned Advocate waives service of notice for respondent No.2. 3.

Call Record and Proceedings.

4.

Parties and their respective advocates to note that the appeal will be heard finally at the admission stage, if time permits. [ SANJAY A. DESHMUKH, J. ] HRJadhav