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Bombay High CourtCA/12582/2025admittedallowedgrantedrule absolute

Shivmurthi Shivling Khankare Died Thr Lrs Havgi Shivmurthiappa Khankare v. The State Of Maharashtra And Others

2026-01-14Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2026:BHC-AUG:1576 1 35 ca 12582.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12582 OF 2025 IN FIRST APPEAL STAMP NO. 30244 OF 2025 Shivmurthi Shivling Khankare Since deceased through his L.Rs.

Havgi Shivmurthiappa Khankare .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Upendra B. Bilolikar, Advocate for the Applicant. Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 14TH JANUARY, 2026.

FINAL ORDER :

.

Applicants seek to condone delay of 885 days caused in filing the first appeal. It is submitted that for the reasons stated in the application delay deserves to be condoned. 2.

There are no malafides attributable to the applicant. It is desirable to condone the delay. For the reasons stated in the application the civil application is allowed. The delay stands condoned on condition that applicant shall not be entitled to claim 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/Jan. 26