Bombay High Court
THE STATE OF MAH AND ORSversusVENKAT SADASHIV JADHAV L.RS. KUSUM VENKATRAO JADHAV AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 400‑day delay in filing the appeals and ordered a stay of the impugned judgments and awards until the appeals are finally decided.
Summary
The State of Maharashtra filed numerous civil applications seeking condonation of a 400‑day delay in filing appeals arising from the same land acquisition proceedings. Relying on a prior order (CA No.4670/2012) that had condoned delay, the Court examined whether the present delay warranted condonation. It held that the delay was condonable, allowed all the applications, and directed that the cause titles be amended to reflect the legal heirs of the deceased claimants. The Court also noted that the State had already deposited the amounts awarded by the trial courts and therefore stayed the impugned judgments and awards pending final disposal of the appeals. All applications were disposed of as allowed, and a stay was ordered on the judgments and awards.
Issues considered
- Whether a delay of 400 days in filing appeals can be condoned under the principles of justice and equity.
- Whether a stay of the impugned judgments and awards is warranted pending final disposal of the appeals.
Subjects
- condonation of delay
- stay of judgment
- land acquisition
- civil applications
- appeal
- legal heirs
Judgment
2026:BHC-AUG:18917-DB
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
904 CIVIL APPLICATION NO. 14961 OF 2010
IN FAST/25976/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
FAYAZ DADAMIYA SAYYED
AND
CIVIL APPLICATION NO. 15041 OF 2010
IN FAST/25929/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
HARIBA VAIJINATH KOTALWAR
AND
CIVIL APPLICATION NO. 15047 OF 2010
IN FAST/25951/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
SHAIKH SULTAN SHAIKH SAHEB L.RS. TAFIFABEE SULTAN SHAIKH
AND OTHERS
AND
CIVIL APPLICATION NO. 15035 OF 2010
IN FAST/25919/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
GIYANBAI SONERAO SALUNKE
AND
CIVIL APPLICATION NO. 14965 OF 2010
IN FAST/25984/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
RUKMINBAI RAOSAHEB SALUNKE
AND
khs/April 2026/14961
-2-
CIVIL APPLICATION NO. 14966 OF 2010
IN FAST/25984/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
RUKMINBAI RAOSAHEB SALUNKE
AND
CIVIL APPLICATION NO. 14970 OF 2010
IN FAST/25956/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
MANIK RAMCHANDRA KINIKAR
AND
CIVIL APPLICATION NO. 14974 OF 2010
IN FAST/25968/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
SHYAM SANTRAM SALUNKE
AND
CIVIL APPLICATION NO. 15033 OF 2010
IN FAST/25966/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
UTTAM SANTARAM SALUNKE
AND
CIVIL APPLICATION NO. 15037 OF 2010
IN FAST/25913/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
HARISHCHANDRA IRAPPA KOMBADE
AND
CIVIL APPLICATION NO. 15039 OF 2010
IN FAST/25935/2010
THE STATE OF MAHARASHTRA AND OTHERS
khs/April 2026/14961
-3-
VERSUS
DAGADU RAMA SALUNKE
AND
CIVIL APPLICATION NO. 4678 OF 2026
IN FAST/25919/2010
GINYANBAI SONERAO SALUNKE DIED THROUGH LRS LILAWATI
SONERAO SALUNKE.
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND
OTHERS
AND
CIVIL APPLICATION NO. 15021 OF 2010
IN FAST/25972/2010
THE STATE OF MAHARASHTRA AND OTHERS
AND
CIVIL APPLICATION NO. 15040 OF 2010
IN FAST/25935/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
DAGADU RAMA SALUNKE
AND
CIVIL APPLICATION NO. 15050 OF 2010
IN FAST/25945/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
VENKAT SADASHIV JADHAV L.RS. KUSUM VENKATRAO JADHAV AND
OTHERS
AND
CIVIL APPLICATION NO. 15022 OF 2010
IN FAST/25972/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
BHIMRAO SHYAMRAO JADHAV L.RS. VIMALBAI DASI JADHAV AND
OTHERS
khs/April 2026/14961
-4-
AND
CIVIL APPLICATION NO. 15029 OF 2010
IN FAST/25954/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
MOUJAMKHAN OSMANKHAN PATHAN
AND
CIVIL APPLICATION NO. 15034 OF 2010
IN FAST/25966/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
UTTAM SANTARAM SALUNKE
AND
CIVIL APPLICATION NO. 14958 OF 2010
IN FAST/25883/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
BASWESHWAR MALLIKARJUNAPPA BIDWE
AND
CIVIL APPLICATION NO. 14969 OF 2010
IN FAST/25980/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
DNYANOBA VITHAL PADRE AND OTHERS
AND
CIVIL APPLICATION NO. 15048 OF 2010
IN FAST/25951/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
SHAIKH SULTAN SHAIKH SAHEB L.RS. TAFIFABEE SULTAN SHAIKH
AND OTHERS
AND
CIVIL APPLICATION NO. 15025 OF 2010
IN FAST/25907/2010
khs/April 2026/14961
-5-
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
ABASAHEB SADASHIV JADHAV
AND
CIVIL APPLICATION NO. 15036 OF 2010
IN FAST/25919/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
GIYANBAI SONERAO SALUNKE
AND
CIVIL APPLICATION NO. 14968 OF 2010
IN FAST/25980/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
DNYANOBA VITHAL PADRE AND OTHERS
AND
CIVIL APPLICATION NO. 15052 OF 2010
IN FAST/25941/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
GOVIND NAGORAO JADHAV
AND
CIVIL APPLICATION NO. 15044 OF 2010
IN FAST/25923/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
LILAWATI SONERAO SALUNKE
AND
CIVIL APPLICATION NO. 4662 OF 2026
IN FAST/25962/2010
KASHINATH ANANDA JADHAV DIED THROUGH LRS KONDABAI
KASHINATH JADHAV AND OTHERS
VERSUS
khs/April 2026/14961
-6-
THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND
OTHERS
AND
CIVIL APPLICATION NO. 4664 OF 2026
IN FAST/25972/2010
BHIMRAO SHYAMRAO JADHAV DIED THR L.RS. MAHADEV DASU
JADHAV AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND
OTHERS
AND
CIVIL APPLICATION NO. 4667 OF 2026
IN FAST/25883/2010
BASWESHWAR MALLIKARJUNAPPA BIDWE DIED THROUGH LRS
GURUPRASAD.
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND
OTHERS
AND
CIVIL APPLICATION NO. 15045 OF 2010
IN FAST/25947/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
BABURAO GUNDERAO DONGRE (DIED) THROUGH LRS
CHANDRABHAGAI BABURAO DONGRE AND OTHERS
AND
CIVIL APPLICATION NO. 15038 OF 2010
IN FAST/25913/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
HARISHCHANDRA IRAPPA KOMBADE
AND
CIVIL APPLICATION NO. 15026 OF 2010
IN FAST/25907/2010
khs/April 2026/14961
-7-
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
ABASAHEB SADASHIV JADHAV
AND
CIVIL APPLICATION NO. 14976 OF 2010
IN FAST/25968/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
SHYAM SANTRAM SALUNKE
AND
CIVIL APPLICATION NO. 15046 OF 2010
IN FAST/25947/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
BABURAO GUNDERAO DONGRE (DIED) THROUGH LRS
CHANDRABHAGAI BABURAO DONGRE AND OTHERS
AND
CIVIL APPLICATION NO. 14973 OF 2010
IN FAST/25962/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
KASHINATH ANANDA JADHAV
AND
CIVIL APPLICATION NO. 15028 OF 2010
IN FAST/25954/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
MOUJAMKHAN OSMANKHAN PATHAN
AND
CIVIL APPLICATION NO. 15051 OF 2010
IN FAST/25941/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
GOVIND NAGORAO JADHAV
khs/April 2026/14961
-8-
AND
CIVIL APPLICATION NO. 14960 OF 2010
IN FAST/25883/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
BASWESHWAR MALLIKARJUNAPPA BIDWE
AND
CIVIL APPLICATION NO. 14971 OF 2010
IN FAST/25956/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
MANIK RAMCHANDRA KINIKAR
AND
CIVIL APPLICATION NO. 14963 OF 2010
IN FAST/25976/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
FAYAZ DADAMIYA SAYYED
AND
CIVIL APPLICATION NO. 4663 OF 2026
IN FAST/25941/2010
GOVIND NAGORAO JADHAV DIED THROUGH LRS SHIVAJI AND
OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR
AND OTHERS
AND
CIVIL APPLICATION NO. 15049 OF 2010
IN FAST/25945/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
VENKAT SADASHIV JADHAV L.RS. KUSUM VENKATRAO JADHAV AND
OTHERS
AND
khs/April 2026/14961
-9-
CIVIL APPLICATION NO. 15042 OF 2010
IN FAST/25929/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
HARIBA VAIJINATH KOTALWAR
AND
CIVIL APPLICATION NO. 15043 OF 2010
IN FAST/25923/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
LILAWATI SONERAO SALUNKE
AND
CIVIL APPLICATION NO. 14972 OF 2010
IN FAST/25962/2010
THE STATE OF MAHARASHTRA AND OTHERS
VERSUS
KASHINATH ANANDA JADHAV
Mr.K.B.Jadhavar, AGP for the respondent/State.
Mr.S.S.Manale, Advocate for the respondent.
Mr.Ammar Khan h/f Mr.G.R.Syed, Advocate for the sole respondent in
CA No.15028/2010.
( CORAM : KISHORE C. SANT AND
SUSHIL M. GHODESWAR, JJ. )
DATE : 23 APRIL, 2026
PER COURT :
CA No.14961/2010, CA No.15021/2010, CA No.14958/2010, CA
No.15051/2010, CA No.14972/2010, CA No.15036/2010, CA
No.14974/2010, CA No.14965/2010, CA No.15045/2010, CA
No.15041/2010, CA No.15025/2010, CA No.15043/2010, CA
No.14968/2010, CA No.15037/2010, CA No.15033/2010, CA
khs/April 2026/14961
- 10 -
No.15049/2010, CA No.15039/2010, CA No.14970/2010,
1. These applications are filed seeking condonation of delay
of 400 days caused in filing the appeals by the State. The learned AGP
relies on the order passed by this Court dated 09.01.2015 on CA
No.4670/2012 in FA Stamp No.6573/2012. This Court, by way of the
said order, was pleased to condone the delay caused in filing of the said
appeal. It is informed that the said appeal arises out of the same
acquisition proceedings, from which theses appeals are arising.
2. Considering the above, this Court finds that the delay
deserves to be condoned. Delay is, therefore, condoned. All the above
civil applications stand allowed and disposed off.
FAST/25976/2010 AND FAST/25929/2010, AND FAST/25951/2010
AND FAST/25984/2010 AND FAST/25956/2010 AND
FAST/25968/2010 AND FAST/25966/2010 AND FAST/25913/2010
AND FAST/25935/2010 AND FAST/25883/2010 AND
FAST/25907/2010 AND FAST/25919/2010 AND FAST/25980/2010
AND FAST/25947/2010 AND FAST/25954/2010 AND
FAST/25941/2010 AND FAST/25945/2010 AND FAST/25923/2010
AND FAST/25962/2010
3. Heard the learned Advocates for the respective parties.
khs/April 2026/14961
- 11 -
Office to register the first appeals. Issue notice to the respondents,
returnable on 18.06.2026
4. Heard. Admit. Call for R & P. To be taken up with FA
No.1228/2015.
CA Nos.4662/2026, 4663/2026, 4664/2026, 4667/2026, 4678/2026
5. These civil applications are filed by the original claimants /
respondents in the appeals for bringing on record the legal heirs of the
deceased claimants/respondents. There is also delay in filing these civil
applications. For the reasons stated in the applications, delay stands
condoned. The civil applications are allowed. The learned AGP to take
steps to amend the cause title suitably by showing the applicants as
legal heirs of the respective claimants.
6. With this, the civil applications are disposed off.
CA Nos.15035/2010, 14966/2010, 15040/2010, 15050/2010,
15022/2010, 15029/2010, 15034/2010, 14969/2010, 15048/2010.
15052/2010, 15044/2010, 15038/2010, 15026/2010, 14976/2010,
khs/April 2026/14961
- 12 -
15046/2010, 14973/2010, 14960/2010, 14971/2010, 14963/2010,
15042/2010
7. The learned AGP makes a statement that in all these
appeals, the State has deposited the amount as per the impugned
judgment and award passed by the Trial Court. In some of the cases,
amounts are even withdrawn by the claimants.
8. Considering that the amount is already deposited in this
Court, this Court finds that the impugned judgment and award needs to
be stayed till final disposal of the appeals.
9. With this, the applications for stay stand disposed off. There shall
be stay to the impugned judgments and awards till final disposal of the
appeals. All the applications stand allowed and disposed off.
10. One of the claimant has also filed appeal bearing FA Stamp
No.2270/2017. The same be circulated later on.
( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J.)
khs/April 2026/14961
Checking your session…