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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH COLLECTOR RAIGAD THROUGH DEPUTY COLLECTOR LAND ACQUISITIONversusVITTHAL RAMJI PATIL DECEASED HIS LRS.(1) DNYANESHWAR VITTHAL PATIL AND ORS.

Decided
Disposal
Disposed Off

Holding

Both interim applications were allowed in terms of prayer clause (b) and disposed of, and the appeal was admitted and listed for hearing.

Summary

The State of Maharashtra filed a land acquisition suit against the heirs of the deceased Vitthal Ramji Patil. Two interim applications (Nos. 11681 and 11682 of 2025) were filed seeking relief under prayer clause (b). The Court examined whether the interim relief could be granted, noting that in the second application the decree amount had already been deposited and subsequently withdrawn by the claimants. It allowed both applications in terms of prayer clause (b) and ordered the interim applications disposed of. The main appeal was admitted, the record to be taken telephonically, and the matter listed for hearing on 13 October 2026.

Issues considered

  • Whether the interim application seeking relief under prayer clause (b) should be granted.
  • Whether the withdrawal of a deposited decree amount justifies granting the relief sought in the interim application.

Subjects

  • Land Acquisition
  • Interim Relief
  • Decree Amount
  • High Court Appeal
  • Procedural Order

Judgment

                                                                           91-fa-st-22804-2025.doc


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

                                     FIRST APPEAL (ST) NO.22804 OF 2025

                      The State of Maharashtra
         Digitally
         signed by    Through Collector Raigad
         SHABNOOR
SHABNOOR AYUB
AYUB     PATHAN       Through Deputy Collector
PATHAN   Date:
         2026.09.29
         17:55:05
                      Land Acquisition                             … Appellant
         +0530
                                 V/s.
                      Vitthal Ramji Patil Deceased
                      His Lhrs Dnyaneshwar Vitthal Patil           … Respondent

                                                   WITH
                                    INTERIM APPLICATION NO.11682 OF 2025

                      The State of Maharashtra
                      Through Collector Raigad
                      Through Deputy Collector
                      Land Acquisition                             … Applicant
                                 V/s.
                      Vitthal Ramji Patil Deceased
                      His Lhrs Dnyaneshwar Vitthal Patil           … Respondent

                                                   WITH
                                    INTERIM APPLICATION NO.11681 OF 2025

                      The State of Maharashtra
                      Through Collector Raigad
                      Through Deputy Collector
                      Land Acquisition                             …    Applicant
                                 V/s.
                      Vitthal Ramji Patil Deceased
                      His Lhrs Dnyaneshwar Vitthal Patil           … Respondent



                      Mr. A. R. Patil, Addl. GP, for the Appellant/Applicant.
                      Ms. Deepa S Punde i/b Sachin S. Punde, for the
                      Respondent.



                                                        1
                                                      91-fa-st-22804-2025.doc




                             CORAM       : AMIT BORKAR, J.

                             DATED       : SEPTEMBER 29, 2026
P.C.:
INTERIM APPLICATION NO.11681 OF 2025

1.      For the reasons stated in the application, the same is allowed
in terms of prayer clause (b). Accordingly, the application is
allowed in terms of prayer clause (b).

2.      The Interim Application stands disposed of.

FIRST APPEAL (ST) NO.22804 OF 2025

3.      Admit.

4.      The record and proceedings shall be called for telephonically.

5.      List the Appeal on 13 October 2026.

INTERIM APPLICATION NO.11682 OF 2025

6.      Since the decreetal amount has already been deposited and
the same has been withdrawn by the claimants, the present
application is allowed in terms of prayer clause (b).

7.      The Interim Application stands disposed of.


                                              (AMIT BORKAR, J.)




                                   2


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