Bombay High Court
WASUDEO DHONDIRAM PUJARI DIED THR LRS USHA AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH SPECIAL LAND ACQUISITION OFFICER, AURANGABAD AND ORS.
- Disposal
- DISPOSED OFF
Holding
The first appeal is disposed of, with a direction that the pending Regular Civil Appeal No. 483/2012 be decided within three months.
Summary
The appellant filed a first appeal under section 30 of the Land Acquisition Act, 1849, challenging a decree in Special Civil Suit No. 323/1991, which had given rise to a pending Regular Civil Appeal No. 483/2012. Concurrently, a civil application was filed to bring the legal heirs of the deceased appellant on record, seeking condonation of delay. The court allowed the civil application, set aside any abatement, and ordered that the legal heirs be entered as parties and the suit amended accordingly. Considering the pendency of the regular appeal, the court disposed of the present first appeal, directing the appellate court to decide the Regular Civil Appeal No. 483/2012 within three months. All pending civil applications, if any, were also disposed of, and any money deposited was to be transferred to the appellate court.
Issues considered
- Whether the first appeal under section 30 of the Land Acquisition Act, 1849, should be entertained in view of the pending regular civil appeal.
- Whether the civil application seeking to bring the legal heirs of the deceased appellant on record should be condoned despite delay.
Legislation cited
- Land Acquisition Act 1849 — s. 30
Subjects
- Land Acquisition
- Section 30
- Legal Heirs
- Abatement
- Civil Appeal
- Procedural Law
Judgment
2026:BHC-AUG:43324
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
913 FIRST APPEAL NO. 677 OF 2006
WITH
CIVIL APPLICATION NO. 4627 OF 2006 IN FA/677/2006
WITH
CIVIL APPLICATION NO. 10727 OF 2026 IN FA/677/2006
VASUDEO DHONDIRAM PUJARI
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Appellant : Mr. V.P. Golewar
AGP for Respondent/State : Mr. A.M. Phule
Advocate for Respondent 2 : Mr. D.L. Vakil
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 22, 2026
PER COURT :-
1. Civil Application No. 10727/2026 filed for bringing the legal heirs of
deceased appellant on record by condoning the delay. In view of the
averments made in the application, the application is is allowed. Abatement,
if any, is set aside. Legal heirs of deceased appellant be brought on record.
Amendment be carried out.
2. The present appeal is filed under section 30 of the Land Acquisition
Act 1849. Both the counsel submits that in Special Civil Suit No. 323/1991
civil court decreed the suit partly and against the said decision, Regular Civil
Appeal No. 483/2012 is filed and the same is pending.
3. In view of the above, the present first appeal is disposed of with
direction to the appellate court to decide the Regular Civil Appeal No.
483/2012 within a period of three months from today.
4. Pending Civil applications, if any, are also disposed of.
5. The amount deposited in this court, if any, be transmitted to the
appellate court.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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