IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5716 OF 2024

1. Pravin Gajanan Thakur

2. Smt. Rekha Gajanan Thakur

3. Sou. Anagha Ganesh Kathe

4. Sou. Sadhana Jayendra Pathare ...Petitioners V/s.

1. Kalpana Virbhadra Raut

2. Manohar Madhukar Mhatre

3. Sou. Kalavati Prakash Gharat

4. Sub Divisional Officer Alibag

5. Additional Collector Raigad,Alibag. ...Respondents ______________

Mr. Rohit D. Joshi for Petitioners.

Mrs. V.S. Nimbalkar, AGP for Respondent/State.

Mr. Saurabh K. Raut, (through VC) for Respondent No.1.

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CORAM : SANDEEP V. MARNE, J.

Judgment reserved on : 14 February 2025.

Judgment pronounced on : 21 February 2025.

Judgment:

1. The issue of maintainability of a further appeal before the higher appellate authority against an order merely condoning the delay in filing of an appeal passed by the lower appellate authority under Section 251 of the Maharashtra Land Revenue Code, 1966 (MLRC) repeatedly attracts attention of this Court and there has already been sufficient jurisprudence on this issue in the form of judgments of coordinate benches of this Court. However, it is noticed that different interpretations of those judgments are oft