Bombay High Court

THE STATE OF MAHARASHTRAversusVISHNU M. ZAPADE

Decided: 6 August 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is dismissed on the ground of quantum.

Summary

The State of Maharashtra appealed a decision involving a sum of Rs.1,00,149 against Vishnu Maruti Zapade. The Court found that the amount in dispute was too small to warrant a full appeal and dismissed the appeal on the ground of quantum. The Court directed the Registry to accept the respondent's vakalatnama if filed within two weeks. The appeal was dismissed, but the merits of the underlying dispute were left open for future consideration. The order was expressly stated not to be cited as precedent because the Court did not examine the merits.

Issues considered

Whether an appeal involving a modest quantum of Rs.1,00,149 can be dismissed on the ground of quantum
Procedural requirement for acceptance of the respondent's vakalatnama

Subjects

appeal
quantum
land acquisition
procedural
vakalatnama
precedent

Judgment

  2026:BHC-AS:32382


                       HMK                                                              21. FA-1272-2001.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                              FIRST APPEAL NO. 1272 OF 2001

                      The State Of Maharashtra,
                      Through The Special Land Acquisition Officer                 ….Appellant

                                  Versus

                      Vishnu Maruti Zapade                             .…Respondent
                      __________________________________________________________________

                      Mr. A. R. Patil, Additional G. P. for the Appellant-State.
                      Ms. Sonia Miskin for the Respondent.
                      __________________________________________________________________

                                                          CORAM : JITENDRA JAIN, J.
                                                          DATED : 06th AUGUST 2026

                      P. C. :

                      1.        The amount involved in the State’s appeal is only Rs.1,00,149/-.
                      Therefore, appeal is dismissed on the ground of quantum.

                      2.        Registry to accept vakalatnama of Ms. Miskin, learned counsel for the
                      respondent, if filed within two weeks from today.

                      3.        Appeal is dismissed.

                      4.        Merits are kept open.

                      5.        This order will not be cited as precedent, since the Court has not
                      gone into the merits of the case.



                                                                           [ JITENDRA JAIN, J. ]



Signed by: Sayyed Saeed Ali
                                                            1 of 1
Designation: PA To Honourable Judge
Date: 06/08/2026 16:40:40

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