Bombay High Court

STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR, LAND ACQUISITIONversusSHRI. VITHOBA GANA MALI

Decided: 25 August 2026
Disposal: Allowed

Holding

The Court admitted the appeal, condoned the delay, granted interim relief conditioned on deposit of the decretal amount, and disposed of all pending interim applications.

Summary

The Bombay High Court entertained several interim applications filed in First Appeal (ST) No. 99157 of 2020, wherein the State of Maharashtra sought relief against Vithoba Gana Mali and others. The Court condoned a 340‑day delay in filing the appeal, admitted the appeal, and ordered the appellant to file the paper book within one year. It granted interim relief subject to the appellant depositing the full decretal amount with interest within eight weeks, and stipulated that failure to do so would vacate the relief. The Court also allowed other interim applications in accordance with their respective prayer clauses and directed necessary amendments within four weeks. All interim applications were subsequently disposed of.

Issues considered

Whether the 340‑day delay in filing the appeal should be condoned
Whether interim relief can be granted subject to deposit of the decretal amount
Procedural requirements for filing the paper book in the appeal

Subjects

interim relief
condonation of delay
civil procedure
appeal admission
decretal amount

Judgment

                                                                            73-FA(ST)-99157-2020.doc


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

                                         FIRST APPEAL (ST) NO. 99157 OF 2020

SHABNOOR
                      The State Of Maharashtra
AYUB                  Through The Deputy
PATHAN
                      Collector (Land Acquisition)
Digitally signed by
SHABNOOR AYUB
PATHAN
                      Raigad                                       … Appellant
Date: 2026.08.25
16:19:00 +0530
                                  V/s.
                      Vithoba Gana Mali And Ors.                   … Respondents

                                                    WITH
                                     INTERIM APPLICATION NO. 1538 OF 2021
                                                    WITH
                                     INTERIM APPLICATION NO. 1539 OF 2021
                                                    WITH
                                    INTERIM APPLICATION NO. 10680 OF 2024
                                                    WITH
                                    INTERIM APPLICATION NO. 10682 OF 2024



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



                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026
                      P.C.:
                                    INTERIM APPLICATION NO. 10680 OF 2024

                      1.      For the reasons stated in the application, the application is
                      allowed in terms of prayer clauses (b) to (d).

                      2.      The Interim Application stands disposed of.




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                                                    73-FA(ST)-99157-2020.doc


              INTERIM APPLICATION NO. 10682 OF 2024

3.    For the reasons stated in the application, the same is allowed
in terms of prayer clauses (bb) and (c).

4.    Necessary amendment to be carried out within a period of
four weeks from today.

5.    The Interim Application stands disposed of.

               INTERIM APPLICATION NO. 1538 OF 2021

6.    For the reasons set out in paragraphs 2 to 4 of the
application, the delay of 340 days in filing the appeal is condoned.

7.    The Interim Application is accordingly allowed and stands
disposed of.

                FIRST APPEAL (ST) NO. 99157 OF 2020

8.    Admit.

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

               INTERIM APPLICATION NO. 1539 OF 2021

10.   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.

11.   It is made clear that in the case the appellant fails to deposit
the aforesaid amount within the stipulated period of eight weeks,




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                                                  73-FA(ST)-99157-2020.doc


the interim relief granted herein shall stand vacated automatically.

12.   The application stands disposed of.


                                             (AMIT BORKAR, J.)




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