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Bombay High CourtCA/9263/2025admittedallowedgrantedrule absolute

Mahadu Trimbak Bankar And ORS v. The State Of Maharashtra Through The Collector Aurangabad And ORS

2026-01-07Hon'Ble Shri Justice Shailesh P. Brahme2 pages

959-CA.9263-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 CIVIL APPLICATION NO. 9263 OF 2025 IN FAST/22543/2025 MAHADU TRIMBAK BANKAR AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD AND ORS ...

Advocate for Applicants : Mr. D. A. Bide h/f Mr. Sonawane Tejas Charudatta.

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

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 07.01.2026 PER COURT :- 1.

Applicants seek to condone delay of 2145 days in preferring first appeal.

2.

None appears for contesting respondent No.3 though served.

3.

Application is opposed by learned AGP.

4.

Averments of the application 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. The delay stands condoned on condition

959-CA.9263-25.odt that applicants shall not be entitled to interest and statutory benefits.

5.

Civil application is allowed.

First Appeal 6.

Admit.

7.

Learned AGP waives service of notice for respondentsState. 8.

The appellants shall not be entitled to interest and statutory benefits for the delayed period.

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

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