Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE DEPUTY COLLECTOR) (LAND ACQUISITION)versusSHRI. PARSHURAM LAXMAN KADU

Decided: 29 September 2026
Disposal: Allowed

Holding

The court allowed the interim applications, permitting withdrawal of half the decretal amount upon undertaking, granting ad‑interim relief, and ordering the paper book to be filed within a year.

Summary

The State of Maharashtra, represented by the Deputy Collector, appealed against Shri Parshuram Laxman Kadu in a land acquisition matter. Several interim applications were filed. The court allowed Interim Application (ST) No. 12553 of 2021, permitting the appellant to withdraw 50% of the decretal amount upon furnishing a usual undertaking, with the balance to be ordered later. Interim Application No. 9 of 2019 was also allowed as per its prayer clause. The appeal was admitted and the court directed that the paper book be filed within one year. In Interim Application No. 11 of 2019, the appellant asserted that the full decretal amount with interest had been deposited, and the court granted ad‑interim relief accordingly. All the interim applications were allowed and disposed of.

Issues considered

Whether the appellant is entitled to withdraw a portion of the decretal amount pending final orders
Whether ad‑interim relief is appropriate when the decretal amount with interest has been deposited
Whether the paper book must be filed within a stipulated period

Subjects

land acquisition
interim relief
decretal amount withdrawal
paper book filing
decree execution

Judgment

                                                                                      36-FA(ST)-25018-2019.doc


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

GAYATRI
           Digitally signed
           by GAYATRI
         RAJENDRA
                                              FIRST APPEAL (ST) NO. 25018 OF 2019
RAJENDRA SHIMPI
SHIMPI   Date:
         2026.09.29
           17:48:02 +0530
                                                             WITH
                                              INTERIM APPLICATION NO. 11 OF 2019
                                                             WITH
                                               INTERIM APPLICATION NO. 9 OF 2019
                                                             WITH
                                          INTERIM APPLICATION (ST) NO. 12553 OF 2021


                              The State Of Maharashtra
                              (Through The Deputy
                              Collector) (Land Acquisition)                   … Appellant
                                          V/s.
                              Shri. Parshuram Laxman Kadu                     … Respondent

                              Mr. A. R. Patil, Addl. G.P., for Appellant.
                              Mr. Om Gandhi i/b Hemant Ghadigaonkar, for
                              Respondent.


                                                             CORAM      : AMIT BORKAR, J.

                                                             DATED      : SEPTEMBER 29, 2026
                              P.C.:

                                          INTERIM APPLICATION (ST) NO. 12553 OF 2021

                              1.        For the reasons stated in the application, the same is allowed

                              in terms of prayer clause ‘a’.


                              2.        The application is allowed and disposed of.


                              3.        In so far as prayer ‘b’ for withdrawal of amount is concerned.

                              The Applicant is permitted to withdraw 50% of the amount on



                                                                   1
                                                     36-FA(ST)-25018-2019.doc


furnishing usual undertaking. For balance 50% appropriate orders

shall be passed in due course.


                  INTERIM APPLICATION NO. 9 OF 2019


4.      For the reasons stated in paragraph Nos. 2 to 4 of the

interim application, the same is allowed in terms of prayer clause

‘b’.


                 FIRST APPEAL (ST) NO. 25018 OF 2019


5.     Admit.


6.     The paper book is to be filed within a period of one year.


                 INTERIM APPLICATION NO. 11 OF 2019


7.     The learned Advocate for the Appellant / Applicant states

that entire decretal amount along with interest has already been

deposited. Hence, there shall be ad-interim relief in terms of

prayer clause (b).


8.     The application is allowed and disposed of.




                                              (AMIT BORKAR, J.)




                                  2

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Om Gandhi