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2026 DAILYLAW 4052 (BOM)

DEVI MANDIR SANSTHAN ROHINA (BK) THROUGH ITS PRESIDENT SURESH SHESHRAO GAWALI v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND ORS.

CA/2441/2026 · 2026-08-21

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Judgment text

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1 960 CA 2441-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 960 CIVIL APPLICATION NO. 2441 OF 2026 IN FIRST APPEAL (ST) NO. 5029 OF 2026 DEVI MANDIR SANSTHAN ROHINA (BK) THROUGH ITS PRESIDENT SURESH SHESHRAO GAWALI VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS … Mr. Arun H. Koralkar – Advocate for Applicant Ms. Vaishali S. Chaudhary – AGP for Respondent Nos.1 and 2/State … CORAM : MANJUSHA DESHPANDE, J. DATE : 21.08.2026 PER COURT : 1. This application is filed for condonation of delay of 3409 days in filing the First Appeal. Although respondent No.3 is served, none appears for respondent No.3/acquiring body. Learned A.G.P. appears for respondent Nos.1 and 2/State. 2. The delay has been explained by the applicants in paragraphs 3 and 4 of the application. It is contended that the applicants are agriculturists and on account of the acquisition of their lands, they have become landless and have no source of income. They could not afford to approach the Court and bear the litigation expenses, which resulted in the delay. 2026:BHC-AUG:38241 2 960 CA 2441-2026.odt 3. Considering the satisfactory explanation given and the circumstances stated in the application, the delay of 3409 days deserves to be condoned, subject to the condition that the claimants shall furnish an undertaking to the satisfaction of the Registrar (Judicial) of this Court that they shall not claim any statutory benefit for the delayed period, within a period of four (4) weeks from today. 4. Learned Counsel for the applicants submits that the applicants have already furnished the said undertaking before the Registrar (Judicial) of this Court. 5. In view of the same, the application stands disposed of. 6. The appeal be placed for admission after removal of office objections, if any, on 04.09.2026. [ MANJUSHA DESHPANDE, J. ] Pooja Kale/