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Bombay High CourtCA/1475/2026admittedallowedgrantedrule absolute

Sandip Alias Sanjay Shriram Aradwad And ORS v. The State Of Mah And ORS

2026-02-05Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

fa1791.12 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 FIRST APPEAL NO. 1791 OF 2012 WITH CIVIL APPLICATION NO. 1474 OF 2026 WITH CIVIL APPLICATION NO. 1475 OF 2026 Sandip Alias Sanjay Shriram Aradwad And Ors

VERSUS

The State Of Mah And Ors ...

Advocate for Appellant : Mr. Irale Eknath G.

AGP for Respondents: Mr. V. V. Jahagirdar .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 5th FEBRUARY, 2026 PER COURT :- 1.

In first appeal, issue notice to respondent No.3 for final hearing, returnable on 26.02.2026. Learned advocate for the appellants seeks leave to serve the said respondent by private service, such as R.P.A.D. etc. Leave granted. 2.

In so far as the civil application No. 1474 of 2026 is concerned, the same is filed for condonation of delay of 2800 days and for bringing the daughter of applicant No.3 on record and for setting aside the abatement. Heard learned advocates for both sides. On perusal of application and for the reasons stated therein, it appears that the delay caused is not deliberate. The applicants being

fa1791.12 -2the farmers, cannot be saddled with the costs for condoning the delay. The application therefore, deserves to be allowed. The application is therefore, allowed. Abatement is set aside. 3.

The deficit court be deposited on or before 13.2.2026. If the same is not deposited, the applicants have to pay cost of Rs.500/- in the office of High Court Legal Services Sub Committee, Aurangabad. The necessary amendment be carried on or before 13.2.2026 and if the amendment is not carried out by 13.2.2026, the applicants have to deposit the costs of Rs.2000/- in the office of High Court Legal Services Sub Committee, Aurangabad.

4.

In so far as the civil application No. 1475 of 2026 is concerned, the same is filed for expeditious hearing of first appeal. Perused the application. Heard learned advocates for both sides. Since the appeal is pending for more than 14 years, it would be proper to fix the same for final hearing by giving a fixed date. Hence, after carrying out the necessary amendment, list the appeal for final hearing on 26.02.2026.

(SANJAY A. DESHMUKH, J.) rlj/