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Bombay High Court

PANDU BHORU KHADKE AND ORSversusTHE STATE OF MAHARASHTRA THR COLLECTOR, AHMEDNAGAR AND ORS

Disposal
DISPOSED OFF

Holding

The court condoned the delay in filing the appeals but denied the claimants any interest or statutory benefits for the delayed period.

Summary

The petitioners, original claimants, filed applications seeking condonation of delay in filing their appeals. The court heard arguments from both sides. It noted that similar delays had been condoned in related appeals. Relying on the reasons set out in the applications, the court granted condonation but held that the claimants would not receive interest or statutory benefits for the period of delay. Accordingly, the applications were allowed in terms of Prayer Clause B and the matters were disposed of.

Issues considered

  • Whether the delay in filing the appeals can be condoned under the applicable procedural law
  • Whether the claimants are entitled to interest and statutory benefits for the period of delay

Subjects

  • condonation of delay
  • appeals
  • interest
  • statutory benefits
  • civil procedure
  • High Court

Judgment

2026:BHC-AUG:34570
                                                                               913 Delays.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      913 CIVIL APPLICATION NO.13942 OF 2021
                                 IN FAST/32748/2021
                          Pandu Bhoru Khadke and Ors.
                                    VERSUS
           The State Of Maharashtra Thr Collector, Ahmednagar And Ors.
                                       ….
                                     WITH
          CIVIL APPLICATION NO.13948 OF 2021 IN FAST/33084/2021
          CIVIL APPLICATION NO.13946 OF 2021 IN FAST/33088/2021
          CIVIL APPLICATION NO.13944 OF 2021 IN FAST/33081/2021
                                      …..
          Mr. G. B. Rajale h/f Mr. R. K. Temkar, Advocate for the respective Applicants /
          Claimants
          Mr. S. M. Ganachari, AGP for the Respondents – State in Appeals by State
                                              …..
                                             CORAM :         NEERAJ P. DHOTE, J.
                                             DATE        :   06.08.2026
          PER COURT :

          1.      These are the Applications for condonation of delay in filing
          the Appeals by the Original Claimants.

          2.      Heard both the sides.

          3.      The similar extent of delay has been condoned in the
          connected Appeals.

          4.      For     the   reasons   mentioned    in    the   Applications,       the
          Applications are allowed in terms of Prayer Clause – ‘B’.

          5.      The Claimants shall not be entitled for the interest and
          statutory benefits for the delayed period.

          6.      The Applications are stand disposed off accordingly.



                                                       [NEERAJ P. DHOTE, J.]

          Sameer/August-2026                    1


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