Created by Fuzzy Cloud

Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE DEPUTY COLLECTOR (LAND ACQUISITION), ) AND OTHERSversusSHRI. RAJESH DAMAJI PATIL AND OTHERS

Decided
Disposal
Disposed Off

Holding

The Court allowed the interim and civil applications, condoned the filing delay, ordered the filing of a paper‑book and directed the appellants to deposit the decretal amount with interest.

Summary

The State of Maharashtra, represented by the Deputy Collector (Land Acquisition), filed a first appeal (St.) No. 22621 of 2019 against Rajesh Damaji Patil and others. The appellants also moved several interim and civil applications (Interim Applications No. 12306 of 2025, No. 6415 of 2026, Civil Applications No. 220 and 221 of 2020). The High Court, after considering the applications, allowed the interim reliefs sought in the respective prayer clauses. It condoned the delay in filing the first appeal and ordered the appellants to file a paper‑book within one year. The appeal was admitted and listed for hearing on 1 December 2026. The Court also ordered the appellants to deposit the entire decretal amount with accrued interest within eight weeks, subject to ad‑interim relief. No substantive merits of the dispute were decided in this order.

Issues considered

  • Whether the delay in filing the first appeal can be condoned
  • Whether the interim applications seeking various reliefs may be granted
  • Whether the appellants should be directed to file a paper‑book within a specified period
  • Whether the appellants must deposit the decretal amount with accrued interest

Subjects

  • interim relief
  • condonation of delay
  • paper‑book filing
  • decretal amount
  • civil appeal
  • land acquisition

Judgment

                                                                    13-fast22621-2019 & IAs.doc


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

                                   FIRST APPEAL (ST.) NO. 22621 OF 2019
                                                   WITH
                                     CIVIL APPLICATION NO.220 OF 2020
                                                   WITH
                                     CIVIL APPLICATION NO.221 OF 2020
                                                   WITH
                                 INTERIM APPLICATION NO.12306 OF 2025
                                                   WITH
                                  INTERIM APPLICATION NO.6415 OF 2026

ATUL
GANESH
                   The State of Maharashtra (through
KULKARNI           the Deputy Collector, Land
Digitally signed
by ATUL GANESH
KULKARNI
                   Acquisition) & Others                        … Appellants
Date: 2026.08.18
15:47:57 +0530
                              V/s.
                   Rajesh Damaji Patil & Others                 … Respondents

                   Mr. A.R. Patil, Additional G.P. for the appellants/
                   applicants/State.


                                               CORAM      : AMIT BORKAR, J.

                                               DATED      : AUGUST 18, 2026
                   P.C.:
                   Interim Application No.6415 of 2026:

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

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

                   Interim Application No.12306 of 2025:

                   3.      For the reasons set out therein, the interim application is



                                                     1
                                                  13-fast22621-2019 & IAs.doc


allowed in terms of prayer clauses (b), (c), and (d).

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

Civil Application No.220 of 2020:

5.    For the reasons set out therein, the civil application is
allowed.

6.    The delay caused in filing the first appeal is condoned.

First Appeal (St.) No.22621 of 2019:

7.    Admit.

8.    Appellants to file paper-book within one year from today.

9.    List the First Appeal on 1 December 2026.

Civil Application No.221 of 2020:

10.   For the reasons set out therein, the civil application is
allowed.

11.   There shall be ad-interim relief in terms of prayer clause (b),
subject to the condition that the appellants shall, within eight
weeks from today, deposit entire decretal amount along with
accrued interest with the Reference Court.


                                             (AMIT BORKAR, J.)




                                  2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.