Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE DEPUTY COLLECTOR (LAND ACQUISITION)) AND OTHERSversusSHRI. KISAN GAJANAN ASWALE AND OTHERS

Decided: 2 July 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The Court condoned the delay in filing the appeal and stayed the operation of the impugned order subject to deposit of the decretal amount.

Summary

The State of Maharashtra, through the Deputy Collector (Land Acquisition), filed an appeal which was delayed in filing. The appellants sought condonation of the delay and a stay on the operation of the impugned order pending the appeal. The Court examined the reasons for the delay and found them satisfactory, thereby condoning the delay. It allowed the civil application seeking condonation and directed the registry to number the appeal. Additionally, the Court stayed the operation of the impugned order subject to the deposit of the decretal amount within twelve weeks, and thereafter disposed of the second civil application.

Subjects

delay in filing appeal
condonation
stay of order
civil application
land acquisition

Judgment

                      HMK                                                   34. CAF-222-2020 & CAF-223-2020.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                            CIVIL APPLICATION NO. 222 OF 2020
                                                          WITH
                                            CIVIL APPLICATION NO. 223 OF 2020
         Digitally
SAYYED
SAEED
         signed by
         SAYYED
         SAEED ALI
                                                            IN
ALI      AHMED ALI
                                           FIRST APPEAL (ST.) NO. 22581 OF 2019
         Date:
AHMED    2026.07.02
ALI      17:30:30
         +0530



                      The State Of Maharashtra,
                      (Through The Deputy Collector
                      (Land Acquisition)) & Anr.                           ….Applicants/Appellants

                                  Versus

                      Kisan Gajanan Aswale & Anr.                .…Respondents
                      __________________________________________________________________

                      Mr. A. R. Patil, Additional G. P. for the Applicants/Appellants.
                      None for the Respondents.
                      __________________________________________________________________

                                                           CORAM : JITENDRA JAIN, J.
                                                           DATED : 02nd JULY 2026

                      P. C. :

                      CIVIL APPLICATION NO. 222 OF 2020

                      1.        There is a delay in filing the Appeal. For the reasons stated in the
                      application, the delay in filing the Appeal is condoned.

                      2.        Civil Application is allowed.

                      3.        Registry to number the Appeal finally.

                      CIVIL APPLICATION NO. 223 OF 2020

                      4.        Subject to depositing the decretal amount with the Trial Court within
                      12 weeks from today, the operation of the impugned order is stayed till the
                      disposal of the Appeal.

                                                                1 of 2
HMK                                           34. CAF-222-2020 & CAF-223-2020.doc


5.    Civil Application is disposed of.



                                             [ JITENDRA JAIN, J. ]




                                    2 of 2

Continue reading with your account

Checking your session…