Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICERversusLAXMAN VITHOBA DESAI

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The Court condoned the delay, set aside the abatement of the appeal, and allowed the legal heirs of the deceased respondent to be brought on record.

Summary

The State of Maharashtra, as appellant, filed Interim Application No. 1062 of 2026 seeking condonation of delay in bringing the legal heirs of the deceased respondent No.5, Anil Laxman Desai, onto the record and to set aside the abatement of the appeal against him. The State claimed it only recently learned of the respondent's death, which caused the delay. The Court examined whether the delay could be condoned and whether the abatement could be reversed. Finding the reasons satisfactory, the Court condoned the delay, set aside the abatement, and ordered that the legal heirs be entered on the record, with necessary amendment to be made within two weeks. The interim application was therefore allowed and disposed.

Issues considered

Whether the delay in filing the application for condonation of delay can be condoned.
Whether the abatement of the appeal against the deceased respondent can be set aside.

Subjects

condonation of delay
abatement of appeal
legal heirs
interim application
civil appellate jurisdiction
land acquisition

Judgment

                                                       38-ia-1063-2026 (copy).doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION


                  INTERIM APPLICATION NO. 1062 OF 2026
                                   IN
                      FIRST APPEAL NO. 1299 OF 2014

The State Of Maharashtra Through The Special
Land Acquisition Officer                                    ...Applicant
      Versus
Laxman Vithoba Desai                                        ...Respondent


                            ——————
Mr. Anand Shalgaonkar, AGP for applicant-State.
Mr. Pankaj Deshmukh, Advocate for the respondent.
                            ——————

                                    Coram :      MEHROZ K. PATHAN, J.,

                                    Date     :   AUGUST 6, 2026.

P. C. :



1.        Interim Application No.1062 of 2026 is filed by the State of

Maharashtra, the appellant herein, seeking condonation of delay in

bringing the legal heirs of respondent No.5 – Anil Laxman Desai, who

expired on 27.10.2015, on record and for setting aside the abatement of

the appeal against the said respondent.

2.        The reasons stated in the application are that the appellant–State

was informed about the death of respondent No.5 only recently and,


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                                                   38-ia-1063-2026 (copy).doc


therefore, the present application has been filed seeking condonation of

delay, setting aside the abatement and bringing the legal heirs of the

deceased respondent No.5 on record.

3.    Taking into consideration the reasons stated in the application, the

application deserves to be allowed. The delay in filing the application is

hereby condoned. The abatement of the appeal against respondent No.5

– Anil Laxman Desai is set aside. The proposed legal heirs of deceased

respondent No.5 shall be brought on record.

4.       Necessary amendment shall be carried out within a period of two

weeks.

5.       The Interim Application is allowed in the aforesaid terms and

stands disposed of.

                                           [MEHROZ K. PATHAN, J.]




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