Bombay High Court

MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION THR DEVELOPMENT CORP.versusSHRI.MARUTI CHINDHU UBHE.

Decided: 23 April 2026
Disposal: Disposed Off
Bench: SOMASEKHAR SUNDARESAN

Holding

The court condoned the delay in filing the appeal and stayed further execution proceedings while allowing the withdrawal order to continue.

Summary

The Bombay High Court considered two interim applications filed by Maharashtra Krishna Valley Development Corporation (the appellant) seeking condonation of a two‑year delay in filing an appeal and a stay of execution proceedings relating to an enhanced compensation order for land acquisition. The appellant argued that the full decretal amount with interest had already been deposited with the execution court. The respondents, original land owners, contended that withdrawal orders were already in process and sought to prevent further execution actions. The court, after hearing both sides, condoned the delay in filing the appeal, allowed the withdrawal already directed by the execution court to proceed undisturbed, and stayed any further execution actions. The matter was ordered to be listed with other connected cases for further hearing.

Issues considered

Whether the two‑year delay in filing the appeal can be condoned.
Whether a stay of execution proceedings should be granted pending resolution of the withdrawal order.

Subjects

condonation of delay
stay of execution
land acquisition
compensation
execution proceedings
connected matters

Judgment

                                                    34-FA(ST)-41335-2025+.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                 FIRST APPEAL (ST) NO. 41335 OF 2025

 Maharashtra Krishna Valley Development
 Corporation, Through Executive Engineer
 Temghar Project                                              …Appellant
            Versus
 Shri. Maruti Chindhu Ubhe                                    …Respondents
                              WITH
                INTERIM APPLICATION NO. 1154 OF 2026
                              WITH
                INTERIM APPLICATION NO. 1155 OF 2026


     Ms. Aparna D. Vhatkar, for the Petitioner.
     Ms. Amrita Kharkar i/b Mr. P. H. Potnis, for Respondent No.1.

     Mr. A. R. Patil, Addl. G.P., for the Respondent-State.


                     CORAM       : SOMASEKHAR SUNDARESAN, J.
                     DATE        : APRIL 23, 2026.

ORDER :


1.            Interim Application No. 1154 of 2026 seeks condonation of a

delay of over two years in filing the Appeal. Interim Application No. 1155 of

2026 seeks a stay on the execution proceedings of the interim order, which

enhances the compensation paid for land acquisition by the Appellant.




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2.           Learned Advocate on behalf of the Appellant submits that the

entire decretal amount along with interest has been deposited in the

registry of the Execution Court, which is also the Reference Court.


3.           Learned Advocate for the Respondents in the Applications, the

Original Land Owners, submits that orders for withdrawal have already

been passed in the course of execution proceedings, and as the withdrawal

is in the process of being completed, the following order is passed:


            A] For the reasons set out in the Delay Condonation Application,

               and taking into account the deposit already made, while the

               delay is condoned, the withdrawal directed by the Execution

               Court shall remain undisturbed; but, further execution action

               in the execution proceedings shall remain stayed.


            B] The Stay Application is also disposed of in the aforesaid

               terms.


4.           It is stated by both the Advocates that these matters form part of

a larger bunch, some of which are also listed tomorrow.


5.           In these circumstances, the learned Advocates appearing

tomorrow are requested to bring the entire list of connected matters. On the

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next date, this matter shall be clubbed with the entire bunch fixed for

tomorrow, based on the list to be provided tomorrow.


6.              Stand over to April 24, 2026.


7.              All actions required to be taken pursuant to this order shall be

taken upon receipt of a downloaded copy as available on this Court’s

website.




                                             [SOMASEKHAR SUNDARESAN, J.]


                        Digitally signed
                        by GITALAXMI
            GITALAXMI   KRISHNA
            KRISHNA     KOTAWADEKAR
            KOTAWADEKAR Date:
                        2026.04.24
                        11:03:45 +0530




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