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Bombay High Court

VASUDEO DHONDIRAM PUJARIversusMANIK LADDU SAKHARE AND ANOTHER

Disposal
DISPOSED OFF

Holding

The first appeal is disposed of with a direction to the appellate court to decide the pending regular civil appeal within three months, and the civil application to bring the heirs on record is allowed.

Summary

The appellant, Vasu Deo Dhondiram Pujari, filed a first appeal under Section 30 of the Land Acquisition Act, 1849, seeking relief after a Special Civil Suit No. 323/1991 was partially decreed and a regular civil appeal (No. 483/2012) was pending. A separate civil application (No. 10727/2026) was filed to condone delay and bring the legal heirs of the deceased appellant on record, which the court allowed, setting aside any abatement. The court noted the pendency of the regular civil appeal and directed that it be decided within three months. Consequently, the first appeal was disposed of, and any pending civil applications were also dismissed. The court ordered any deposited amounts to be transferred to the appellate court.

Issues considered

  • Whether the delay in filing the civil application to bring the legal heirs on record can be condoned.
  • Whether the first appeal under Section 30 of the Land Acquisition Act, 1849, should be disposed of pending the decision of the regular civil appeal No. 483/2012.

Legislation cited

Subjects

  • Land Acquisition
  • Section 30
  • Condonation of delay
  • Heirs on record
  • Civil appeal disposal

Judgment

2026:BHC-AUG:43325

                          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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