Niwrati S/O Dajiba Kavhale (Died) Throutgh Lrs Subhadrabai Died His Lrs Pralhad And ORS. v. The State Of Maharashtra Through Collector Jalna And ORS.

2026:BHC-AUG:11716 1 53 ca 12473.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12473 OF 2025 IN FIRST APPEAL STAMP NO. 32496 OF 2025 Niwrati Dajiba Kavhale Since deceased through his L.Rs.

Subhadrabai Died through her L.Rs.

Pralhad and others .. Applicants

Versus

The State of Maharashtra, through the Collector, Jalna and others .. Respondents Shri S. M. Kakade, Advocate h/f Shri Vitthal D. Bhise, Advocate for the Applicants.

Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 and 2. Shri V. C. Solshe, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 17TH MARCH, 2026.

FINAL ORDER :

.

Applicants seek to condone delay of 6199 days caused in preferring the first appeal. It is submitted that for the reasons stated in the application, the delay needs to be condoned. It is further submitted that applicants are ready to give up interest and statutory benefits for the delayed period. 2.

The application is contested by the respondent No. 3 - acquiring body.

2 53 ca 12473.25 3.

The averments of the application have not been controverted by the respondents by filing reply. Applicants are ready to give up interest and statutory benefits for the delayed period. It is contended that the applicants' case is squarely covered by the settled view of this Court. Therefore, for the reasons stated in the civil application, the civil application is allowed. The delay stands condoned subject to condition that the applicants shall not be entitled to interest and statutory benefits for the delayed period. Office shall register the first appeal. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/March 26