Bombay High Court

VASUDEO DHONDIRAM PUJARIversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF

Holding

The first appeal is disposed of with a direction to the appellate court to decide the pending Regular Civil Appeal No. 483/2012 within three months.

Summary

Vasudeo Dhondiram Pujari appealed under Section 30 of the Land Acquisition Act, 1849 against the State of Maharashtra. The appellant sought to bring his legal heirs on record, and the court allowed a civil application to condone the delay, set aside any abatement, and permitted amendment to include the heirs. The appeal was linked to a pending Special Civil Suit (No. 323/1991) and a Regular Civil Appeal (No. 483/2012). The High Court disposed of the first appeal, directing the appellate court to decide the pending regular appeal within three months, and ordered any deposited amounts to be transferred. All other pending civil applications were also disposed of.

Issues considered

What procedural steps are required to bring legal heirs of a deceased appellant on record in an appeal under Section 30 of the Land Acquisition Act, 1849?
Whether the pending Regular Civil Appeal No. 483/2012 should affect the disposition of the present first appeal.

Legislation cited

Land Acquisition Act — s. 30

Subjects

Land acquisition
Section 30
Legal heirs
Abatement
Procedural law
Civil appeal

Judgment

2026:BHC-AUG:43323

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

913 FIRST APPEAL NO. 677 OF 2006
WITH
CIVIL APPLICATION NO. 4627 OF 2006 IN FA/677/2006
WITH
CIVIL APPLICATION NO. 10727 OF 2026 IN FA/677/2006

VASUDEO DHONDIRAM PUJARI
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Appellant : Mr. V.P. Golewar
AGP for Respondent/State : Mr. A.M. Phule
Advocate for Respondent 2 : Mr. D.L. Vakil
…

CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 22, 2026
PER COURT :-

1. Civil Application No. 10727/2026 filed for bringing the legal heirs of
deceased appellant on record by condoning the delay. In view of the
averments made in the application, the application is is allowed. Abatement,
if any, is set aside. Legal heirs of deceased appellant be brought on record.
Amendment be carried out.

2. The present appeal is filed under section 30 of the Land Acquisition
Act 1849. Both the counsel submits that in Special Civil Suit No. 323/1991
civil court decreed the suit partly and against the said decision, Regular Civil
Appeal No. 483/2012 is filed and the same is pending.

3. In view of the above, the present first appeal is disposed of with
direction to the appellate court to decide the Regular Civil Appeal No.
483/2012 within a period of three months from today.

4. Pending Civil applications, if any, are also disposed of.

5. The amount deposited in this court, if any, be transmitted to the
appellate court.

( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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