THE STATE OF MAH THR. COLLECTOR OSMANABAD v. BHARAMANAPPA SIDRAMAPPA BIRAJDAR AND ANR
CA/15022/2011 · 2026-06-12
Shri Sanjay A Deshmukh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1240 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1240 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 1 ) 906 ca 5459.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 5459 OF 2026 IN X-OBJ/170/2026 WITH X-OBJECTION NO. 170 OF 2026 IN FAST/28912/2011 BHARAMANAPPA SIDRAMAPPA BIRAJDAR DIED THR LRS SOJARBAI DIED THR LRS REVUBAI AND ORS. VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD THR. COLLECTOR OSMANABAD AND ANR. ….. Advocate for Applicant : Mr. Shashikiran N Patil & Nandkishor S Birajdar. Addl. GP for Respondents/State : Mr. S.G. Sangle ….. WITH CIVIL APPLICATION NO. 15023 OF 2011 IN FAST/28912/2011
WITH CIVIL APPLICATION NO. 5457 OF 2026 IN FAST/28912/2011
WITH CIVIL APPLICATION NO. 15022 OF 2011 IN FAST/28912/2011 ….. Addl. GP for Applicant/State : Mr. S.G. Sangle ….. CORAM :
SANJAY A. DESHMUKH, J.
DATE : 12.06.2026 P.C.:- Civil Application No.15023 of 2011 (for stay):
1. This is an application for granting stay to the execution of impugned judgment and award which was filed way back in the year 2011. ( 2 ) 906 ca 5459.26 No purpose would be served by keeping the application pending for hearing. The application has become infructuous and is accordingly disposed of. Civil Application No.15022 of 2011 (for delay):
2. This is an application for condonation of delay of 459 days caused in filing the appeal. 3. Perused the application. Heard the learned advocates for both the sides. 4. The learned AGP for the applicant/State pointed out the grounds stated in the application particularly the time required for getting sanction from the Law and Judiciary Department. Considering the reasons stated in the application, it appears that the delay has not been deliberately caused and it deserves to be condoned, the delay stands condoned. The application stands allowed in the interest of justice. Civil Application Nos.5457/2026 and 5459/2026:
5. These are the applications for condonation of delay of 4805 and 4812 days respectively. 6. Perused the applications. Heard the learned advocates for both the sides. ( 3 ) 906 ca 5459.26
7. No doubt, there is a delay of about 5000 days in bringing the legal representatives on record. Considering the facts and circumstances of the case, and the fact that the claimants in application no.5459/2026 are farmers belonging to a weaker section of society, and further that the date of death of the claimant was not known, the delay has occurred. 8.
The delay, therefore, deserves to be condoned in the interest of justice, and is accordingly condoned. The civil application no.5459/2026 for setting aside the abatement is allowed. The civil application no.5457/2026 for bringing the legal representatives of the respondents on record is also allowed. The amendment be carried out within two weeks from today. Cross Objection No.170 of 2026:
9. Issue notice to the respondent no.2, returnable on 03.07.2026. In addition to regular mode the learned advocate seeks leave to serve the respondent no.2 by private mode. Leave granted. [SANJAY A. DESHMUKH, J.]
mubashir