Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, DHULE AND ORS.versusGOVINDMAL SURMAL PAWARA

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and granted a stay of the impugned judgment and award, subject to deposit of the enhanced compensation with interest.

Summary

The State of Maharashtra filed multiple civil applications seeking condonation of delay and stay of an impugned judgment and award. The Court examined whether the delay in filing the applications could be condoned and whether a stay should be granted pending deposit of the enhanced compensation. It held that the delay was condonable and ordered the applications to be allowed. A stay on the impugned judgment and award was granted, subject to the appellants depositing the compensation amount with interest within three months. The Court directed that the first appeals be registered and listed for hearing, with notice to be issued and the parties to prepare private paper‑books for expeditious hearing.

Issues considered

Whether the delay in filing the civil applications can be condoned
Whether a stay of the impugned judgment and award should be granted pending deposit of compensation

Subjects

delay condonation
stay of judgment
civil application
compensation
first appeal
court order

Judgment

                         1               CA / 10190 / 2026 +


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

          10 CIVIL APPLICATION NO. 10190 OF 2026
                     IN FAST/23097/2026
                          (DELAY)

        THE STATE OF MAHARASHTRA THROUGH
           THE COLLECTOR, DHULE AND ORS.
                      VERSUS
 SHANTARAM SURMAL PAWARA (DIED) T/H HIS L.RS. DHULKIBAI
            SHANTARAM PAWARA AND ORS.

                           WITH
           CIVIL APPLICATION NO. 10191 OF 2026
                    IN FAST/23097/2026
                          (STAY)

                            AND
          11 CIVIL APPLICATION NO. 10192 OF 2026
                     IN FAST/22520/2026
                          (DELAY)

          THE STATE OF MAHARASHTRA THROUGH
            THE COLLECTOR, DHULE AND ORS.
                        VERSUS
       RAJARAM SURMAL PAWARA (DIED) T/H HIS L.RS.
           BOVEBAI RAJARAM PAWARA AND ORS.

                           WITH
           CIVIL APPLICATION NO. 10193 OF 2026
                    IN FAST/22520/2026
                          (STAY)

                            AND
          12 CIVIL APPLICATION NO. 10194 OF 2026
                     IN FAST/22513/2026
                          (DELAY)

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, DHULE
                       AND ORS.
                       VERSUS
               GOVINDMAL SURMAL PAWARA

                           WITH
           CIVIL APPLICATION NO. 10195 OF 2026
                    IN FAST/22513/2026
                          (STAY)
                                 2                   CA / 10190 / 2026 +




                               AND
             13 CIVIL APPLICATION NO. 10196 OF 2026
                        IN FAST/23246/2026
                             (DELAY)

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, DHULE
                       AND ORS.
                       VERSUS
                RAMSING SURMAL PAWARA

                               WITH
               CIVIL APPLICATION NO. 10197 OF 2026
                        IN FAST/23246/2026
                              (STAY)

                               AND
             14 CIVIL APPLICATION NO. 10198 OF 2026
                        IN FAST/22801/2026
                             (DELAY)

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, DHULE
                        AND ORS.
                         VERSUS
 HIRAMAN BADHU VANJARI (DIED) T/H L.RS. SAROPIBAI HIRAMAN
               VANJARI (BANJARA) AND ORS.

                               WITH
               CIVIL APPLICATION NO. 10199 OF 2026
                        IN FAST/22801/2026
                             (STAY)
                                     ...
AG.P. for applicants - State : Mr. P.S. Patil, Addl. GP Mr. P.K. Lakhotiya,
   Mr. S.B. Pulkundwar, Mr. S.R. Yadav-Lonikar, Mr. K.N. Lokhande
Advocate for the respondents no. 1 to 5 : Mr. Raghuvirsing M. Patil and
                                            Mr. Prafullasing H. Patil
                                     ...

          CORAM                 : KISHORE C. SANT AND
                                  JITENDRA JAIN, JJ.

          DATE                  : 10 SEPTEMBER 2026
                                3                  CA / 10190 / 2026 +



PER COURT :

            Heard learned AGP for the applicants and learned

advocate for the respondents.


2.          For the reasons stated in the applications, delay stands

condoned.    Applications are allowed.     Office to register the First

Appeals.


3.          Issue notice in First Appeals, returnable on 15.10.2026.


4.          Call R & P.


5.          The parties are put to notice that that if time permits and if

the record is received, the Appeals would be taken up for final hearing.


6.          Learned AGP prays for stay to the impugned judgment and

award.

                  CIVIL APPLICATIONS FOR STAY


7.          There shall be stay to the impugned judgment and award,

subject to the appellants depositing the amount of compensation

enhanced by the reference Court along with interest as on date, within

a period of 3 months from today.


8.          Respondents – original claimants to prepare private paper-

books if they want expeditious hearing of the Appeals.
                                4                 CA / 10190 / 2026 +



9.          It is informed that even the X-Objetions are already filed.


10.         The Appeals be taken up along with the X-Objections.




       [ JITENDRA JAIN ]                   [ KISHORE C. SANT ]
            JUDGE                                JUDGE

arp/

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