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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICERversusRAGHO ALIAS RAGHA KAMLYA KOLI AND ORS.

Decided
Disposal
Disposed Off

Holding

The court held that the delay in filing the appeal is condoned and interim relief is granted subject to the appellant depositing the decretal amount with interest.

Summary

The State of Maharashtra appealed against Ragho alias Ragha Kamlya Koli and others. The court considered two interim applications. The first interim application was allowed in accordance with prayer clause (b) and the court condoned the delay in filing the appeal. The appeal was admitted and the appellant was directed to file a paper book within one year. The second interim application was also allowed, granting interim relief subject to the appellant depositing the full decretal amount with accrued interest within eight weeks. The interim application was thereafter disposed.

Issues considered

  • Whether the delay in filing the first appeal can be condoned
  • Whether interim relief can be granted subject to deposit of the decretal amount with interest

Subjects

  • interim relief
  • condonation of delay
  • civil appeal
  • decretal amount
  • interest

Judgment

                                                                       25-fast16180-2025 & IAs.doc


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

                                 FIRST APPEAL (ST.) NO. 16180 OF 2025
                                                WITH
                                INTERIM APPLICATION NO.11713 OF 2025
                                                WITH
                                INTERIM APPLICATION NO.11714 OF 2025

                   The State of Maharashtra                       … Appellant
                              V/s.
                   Ragho Alias Ragha Kamlya Koli & Ors.           … Respondents



                   Mr. A.R. Patil, Additional G.P. for the appellant/
                   applicant/State.
ATUL               Ms. Deepa Punde i/by Mr. Sachin S. Punde for
GANESH
KULKARNI           respondent Nos.1 to 8.
Digitally signed
by ATUL GANESH
KULKARNI
Date: 2026.08.18
15:39:16 +0530
                                                 CORAM      : AMIT BORKAR, J.

                                                 DATED      : AUGUST 18, 2026
                   P.C.:
                   Interim Application No.11713 of 2025:

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

                   2.      The delay in filing first appeal is condoned.

                   First Appeal (St.) No.16180 of 2025:

                   3.      Admit.

                   4.      Appellant to file paper book within one year from today.

                   Interim Application No.11714 of 2025:




                                                       1
                                                25-fast16180-2025 & IAs.doc


5.   For the reasons stated therein, the interim application is
allowed.

6.   There shall be interim relief in terms of prayer clause (b),
subject to the condition that the appellant shall, within period of
eight weeks from today, deposit entire decretal amount along with
accrued interest with the Reference Court.

7.   The interim application stands disposed of.


                                             (AMIT BORKAR, J.)




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