Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER),versusSHRI. NAMDEO BUDHAJI PATIL (SINCE DECEASED THROUGH LRS) AND OTHERS

Decided: 25 August 2026
Disposal: Allowed

Holding

The Court held that the delay in filing the appeal may be condoned and interim relief may be granted conditionally upon the appellant depositing the decretal amount with interest within the stipulated period.

Summary

The State of Maharashtra, represented by the Special Land Acquisition Officer, appealed against the estate of the late Shri Namdeo Budhaji Patil and others, but filed the appeal after a considerable delay. The appellant sought condonation of the delay and also applied for interim relief pending the final determination of the appeal. The Court examined the reasons set out in the appellant’s application and found them sufficient to justify condoning the delay, thereby admitting the appeal. It further ordered the appellant to file the paper book within one year and granted interim relief on the condition that the appellant deposit the full decretal amount with interest within eight weeks, failing which the relief would be vacated. Accordingly, the civil applications were allowed and the matter was disposed of subject to the stipulated conditions.

Issues considered

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

Subjects

delay condonation
interim relief
civil appeal
land acquisition
decretal amount

Judgment

                                                                         64-FA(ST)-22607-2019.doc


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

                                         FIRST APPEAL (ST) NO. 22607 OF 2019

SHABNOOR
                      The State Of Maharashtra
AYUB                  (Through The Special Land
PATHAN
                      Acquisition Officer)                         … Appellant
Digitally signed by
SHABNOOR AYUB
PATHAN
                                  V/s.
Date: 2026.08.25
16:19:00 +0530
                      Shri. Namdeo Budhaji Patil
                      (Since Deceased Through Lrs)
                      And Ors.                                     … Respondents


                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 3740 OF 2019
                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 3741 OF 2019


                      Mr. A. R. Patil, Addl. GP, for the Appellant/Applicant.



                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026
                      P.C.:
                              CIVIL APPLICATION IN FIRST APPEAL NO. 3740 OF 2019

                      1.       For the reasons set out in paragraphs 2 to 4 of the
                      application, the delay in filing the appeal is condoned.

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

                                         FIRST APPEAL (ST) NO. 22607 OF 2019

                      3.       Admit.



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                                                   64-FA(ST)-22607-2019.doc


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

     CIVIL APPLICATION IN FIRST APPEAL NO. 3741 OF 2019

5.    Considering the reasons stated in the memo 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 accordingly stands disposed of.


                                             (AMIT BORKAR, J.)




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