MALHARI GOVINDA GAWALWAD v. THE STATE OF MAHARASHTRA THR DIST. COLLECTOR NANDED AND ORS
CA/7317/2024 · 2025-07-28
Shri Shailesh P Brahme
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18155 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18155 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
41 CA 7317-2024 & 42 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 7317 OF 2024 IN FIRST APPEAL (ST) NO. 14397 OF 2024 MALHARI GOVINDA GAWALWAD VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR NANDED AND OTHERS ... AND 42 CIVIL APPLICATION NO. 7318 OF 2024 IN FIRST APPEAL (ST) NO. 14401 OF 2024 CHANDU KONDIBA KAMBLE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR NANDED AND OTHERS ... Ms. Laxmi R. Thakur – Advocate for Applicants Mr. B.A. Shinde – AGP for Respondent Nos.1 and 2, State Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami – Advocate for Respondent No.3 ….
CORAM : SHAILESH P. BRAHME, J.
DATE : 28.07.2025 PER COURT :
1. Heard both sides.
2. These applications are filed for condonation of delay in preferring appeals against the judgment and award passed by the Reference Court. For the reasons stated in the applications, the delay is sought to be condoned. It is submitted that, there are no malafides 1/2 2025:BHC-AUG:20107
41 CA 7317-2024 & 42 on the part of the applicants in approaching this Court belatedly.
3. The applications are contested by the respondents. They would submits that, delay has not been properly explained.
4. I have considered submissions of the parties. The delay needs to be condoned on the ground stated in the applications, which are not seriously controverted by the respondents. There are no malafides in preferring the appeals belatedly. However, the applicants cannot be held entitled to the interest and statutory benefits for the delayed period. Hence, following order :
ORDER (a) Civil Applications are allowed thereby condoning the delay on condition that the applicants shall not be entitled for the interest and statutory benefits for the delayed period. (b) Office shall register the First Appeals.
[ SHAILESH P. BRAHME ]
JUDGE Pooja Kale 2/2