Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER) AND ANR.versusMAHAMAD MOHSIN ABDUL LATIF PATEL DECEASED THR.LRS. SMT. SAFIYABIBI MAHMAD MOHSIN PATEL AND ORS.

Decided: 25 August 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the appeal, allowed the applications, and granted interim relief subject to the stipulated deposit.

Summary

The State of Maharashtra, through the Special Land Acquisition Officer, appealed a decree and filed two civil applications (Nos. 3685 and 3686 of 2019) seeking relief. The appellant argued that the delay in filing the appeal was justified and requested condonation of the delay. The court examined the reasons set out in the applications and found them sufficient to condone the delay. Consequently, the court allowed the civil application seeking condonation and ordered the appellant to file the paper book within one year. In the second application, the court granted interim relief conditioned upon the appellant depositing the full decretal amount with interest within eight weeks, warning that failure to do so would vacate the relief. The applications were thereafter disposed of.

Issues considered

Whether the delay in filing the appeal can be condoned under the procedural rules.
Whether interim relief can be granted subject to the appellant depositing the decretal amount with interest within a stipulated period.

Subjects

delay condonation
interim relief
civil appeal
paper book filing
decretal amount
interest
High Court of Bombay

Judgment

                                                               62-FA(ST)-17093-2019 with connected.doc


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

                                         FIRST APPEAL (ST) NO. 17093 OF 2019

SHABNOOR
                      The State Of Maharashtra
AYUB                  (Through The Special Land
PATHAN
                      Acquisition Officer) And Anr.                 … Appellants
Digitally signed by
SHABNOOR AYUB
PATHAN
                                  V/s.
Date: 2026.08.25
16:19:00 +0530
                      Mahamad Mohsin Abdul Latif
                      Patel Deceased Thr. Lrs. Smt.
                      Safiyabibi Mahmad Mohsin
                      Patel And Ors.                                … Respondents

                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 3685 OF 2019
                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 3686 OF 2019


                      Mr. A. R. Patil, Addl. GP, for the Appellants/ Applicants.
                      Mr. Aryavrat Dube i/b MR. Shriram S. Kulkarni, for the
                      Respondents.


                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026

                      P.C.:
                              CIVIL APPLICATION IN FIRST APPEAL NO. 3685 OF 2019

                      1.       For the reasons set out in paragraphs 3 to 5 of the
                      application, the delay in filing the appeal is condoned.

                      2.       The Civil Application is accordingly allowed and stands
                      disposed of.




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                                         62-FA(ST)-17093-2019 with connected.doc


               FIRST APPEAL (ST) NO. 17093 OF 2019

3.    Admit.

4.    The appellant shall file the paper book within a period of one
year from today.

     CIVIL APPLICATION IN FIRST APPEAL NO. 3686 OF 2019

5.    Considering the reasons set out in the memorandum of
appeal, there shall be interim relief in terms of prayer clause (b),
subject to the appellant depositing the entire decretal amount
along with interest within a period of eight weeks from the date of
this order.

6.    It is made clear that in the case the appellant fails to deposit
the aforesaid amount within the stipulated period of eight weeks,
the interim relief granted herein shall stand vacated automatically.

7.    The application stands disposed of.


                                               (AMIT BORKAR, J.)




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