Fakira S/O Umaji Rodge (Died) Through Lrs Bhairavnath S/O Fakira Rodge And Another v. The State Of Maharashtra Through The Sub Divisional Officer, And Another

85-CA.11699-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 85 CIVIL APPLICATION NO. 11699 OF 2025 IN FAST/29106/2025 FAKIRA S/O UMAJI RODGE (DIED) THROUGH LRS BHAIRAVNATH S/O FAKIRA RODGE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SUB DIVISIONAL OFFICER, AND ANOTHER ...

Advocate for Applicants : Mr. S. N. Rodge.

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

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 30.01.2026 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to condone delay of 2497 days in preferring first appeal.

3.

The averments of the application have not been traversed by the respondents. Nobody appears for respondent/acquiring body though served. The delay is unintentional. Appellants are ready to give up interest and statutory benefits for the delayed period. The delay stands condone on the condition that appellants shall not be entitled interest and statutory benefits for the delayed period.

85-CA.11699-25.odt 4.

Civil application is allowed.

First Appeal 5.

Admit.

6.

Learned AGP waives service of notice for respondent/State.

7.

Call for Record and Proceedings from the concerned Court.

8.

Print is dispensed with.

9.

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

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

vmk/-