Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICE AND ANR.versusSHRI ANANT GAJANAN PADGE AND ORS.

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The application is allowed, subject to the condition that the appellant deposit the entire decretal amount with accrued interest within eight weeks, after which interim relief will be granted.

Summary

The State of Maharashtra, represented by the Special Land Acquisition Office, appealed against Shri Anant Gajanan Padge and others concerning a land acquisition decree. The respondents filed a civil application seeking interim relief to compel the appellant to deposit the decretal amount with accrued interest. The High Court admitted the appeal, directed that the paper book be filed within one year, and conditioned any interim relief on the appellant depositing the full decretal amount within eight weeks. The court ordered that, upon such deposit, interim relief as prayed for in clause ‘b’ would be granted. Consequently, the application was allowed and disposed of subject to the deposit condition.

Issues considered

What is the appropriate interim relief, if any, pending payment of the decretal amount in a land acquisition case?
Whether the appellant must deposit the decretal amount with interest before interim relief can be granted

Subjects

land acquisition
decretal amount
interim relief
civil appeal
deposit of decree

Judgment

                                                          24-FA-1335-2026.doc


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

                    FIRST APPEAL NO. 1335 OF 2026
                                 WITH
                  CIVIL APPLICATION NO. 3197 OF 2018
                                  IN
                    FIRST APPEAL NO. 1335 OF 2026

The State Of Maharashtra
(Thr. Thr Special Land
Acquisition Office) And Anr.                    … Appellant
            V/s.
Shri Anant Gajanan Padge And Ors.               … Respondents

Mr. A. R. Patil. Addl. G.P. for Appellant.
Mr. Rajendra Khaire i/b Ms. Ashwini Bandiwadekar, for
Respondent Nos. 1 to 6.


                               CORAM      : AMIT BORKAR, J.

                               DATED      : SEPTEMBER 29, 2026
P.C.:

                       FIRST APPEAL NO. 1335 OF 2026

1.        Admit


2.        The paper book is to be filed within a period of one year.


                  CIVIL APPLICATION NO. 3197 OF 2018


3.        Subject to the condition that the Appellant shall, within

period of eight weeks from today, deposit entire decretal amount




                                     1
                                                      24-FA-1335-2026.doc


along with accrued interest with the Reference Court, there shall

be interim relief in terms of prayer clause ‘b’.


4.    The Application is allowed and disposed of.




                                               (AMIT BORKAR, J.)




                                   2

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Rajendra Khaire