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Bombay High CourtCA/12332/2025admittedallowedgrantedrule absolute

Chimaji Vithoba Sase (Deceased Threough Legal Heirs) Vachhalabai And Others. v. The State Of Maharashtra Through Collector Ahmednagar And ANR.

2026-01-06Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:533 963 CA 12332 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO. 12332 OF 2025 IN FAST/32564/2025 CHIMAJI VITHOBA SASE (DECEASED THREOUGH LEGAL HEIRS) VACHHALABAI AND OTHERS.

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AHMEDNAGAR AND ANR.

...

Advocate for Applicant : Mr. V. P. Narwade AGP for Respondent No. 1 : Mr. S.N. Morampalle Advocate for Respondent No. 2 : Mr. G.S. Khaire h/f Mr. S.S.Dande ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 06.01.2026 PER COURT :

The applicants are praying for condonation of delay of 4826 days in preferring appeal. Reliance is placed on common order passed by this Court on 29.11.2025 in Civil Application No. 2334/2025 and connected applications, in the appeals arising out of the same acquisition proceedings. 2.

The learned counsel for the respondents would repeal the submissions and contentions in the application. It is submitted that no cogent reason is given for condonation of delay. There are lapses on the part of the applicants/appellants. The first appeal is liable to be dismissed. 3.

I have already taken a view in condoning delay by imposing costs of Rs. 3000/- in similarly situated matters. A copy of the common order dated 29.11.2025 has been placed on record, for the purpose of parity. I find that the facts and circumstances are identical. I propose to follow the same course.

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963 CA 12332 25.odt 4.

The delay stands condoned on condition of payment of costs of Rs. 3000/- (Rs. Three Thousand only). The costs shall be deposited in this Court within a period of four weeks, which shall be condition precedent. The amount deposited by the applicants shall be disbursed to the Acquiring Body. 5.

The Civil Application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2