Bombay High Court

THE STATE OF MAHARASHTRA THR. THE SPECIAL LAND ACQUISITION OFFICER AND ANR.versusSHRI. CHINTAMAN SAVALIRAM GAWALI AND ORS.

Decided: 25 August 2026
Disposal: Allowed

Holding

The court held that the interim applications merit relief, the appeal is admissible, and the appellants must deposit the decretal amount with interest to obtain ad‑interim relief.

Summary

The State of Maharashtra filed a first appeal (No. 1718 of 2019) and several interim applications against Atul Chintaman Savaliram Gawali and others. The court considered Interim Application No. 3209 of 2025 and allowed it in accordance with prayer clauses (a) to (d). Interim Applications Nos. 3210 and 3211 of 2025 were also allowed because the proposed legal representatives were represented by the respondents' counsel. The court admitted the first appeal, directed the appellants to file a paper book within a year, and ordered ad‑interim relief in the civil application (No. 1411 of 2017) subject to the appellants depositing the full decretal amount with interest within eight weeks. The interim applications were thereafter disposed. The orders were pronounced by Justice Amit Borkar on 25 August 2026.

Issues considered

Whether the interim applications seeking relief should be granted
Whether the first appeal should be admitted
Whether the appellants must deposit the decretal amount with interest as a condition for ad‑interim relief

Subjects

interim relief
appeal admission
civil procedure
decretal deposit
paper book filing

Judgment

                                                                            54-fa1718-2019.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                        FIRST APPEAL NO. 1718 OF 2019
                                                     WITH
                                    INTERIM APPLICATION NO.3209 OF 2029
                                                     WITH
                                    INTERIM APPLICATION NO.3210 OF 2025
                                                     WITH
                                    INTERIM APPLICATION NO.3211 OF 2025
                                                     WITH
                                      CIVIL APPLICATION NO.1411 OF 2017

                      The State of Maharashtra & Anr.             … Appellants
                                 V/s.
ATUL                  Chintaman Savaliram Gawali & Ors.           … Respondents
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.08.25
17:36:16 +0530        Mr. A.R. Patil, Additional G.P. for the appellants/
                      applicants.
                      Ms. Bhavana Khemani i/by Mr. Anil Ahuja for the
                      respondents.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : AUGUST 25, 2026
                      P.C.:
                      Interim Application No.3209 of 2025:

                      1.      For the reasons set out therein, the interim application is
                      allowed in terms of prayer clauses (a) to (d).

                      Interim Application Nos.3210 and 3211 of 2025:

                      2.      Since proposed legal representatives are represented by the
                      Advocate appearing for the respondents, both the interim
                      applications stand allowed.


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                                                     54-fa1718-2019.doc


3.   Necessary amendments to be carried out within four weeks
from today.

First Appeal No.1718 of 2019:

4.   Admit.

5.   Appellants to file paper book within one year from today.

Civil Application NO.1411 of 2017:

6.   Considering the issue involved, there shall be ad-interim
relief in terms of prayer clause (b), subject to the appellants
depositing entire decretal amount along with interest with the
Reference Court within eight weeks from today.

7.   The interim application stands disposed off.


                                           (AMIT BORKAR, J.)




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