Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITIONversusCHANDRAKANT NATHURAM MHATRE

Decided: 25 August 2026
Disposal: Allowed

Holding

The Court held that the delay in filing the first appeal is condoned and the interim applications are allowed subject to the conditions imposed.

Summary

The appellant, the State of Maharashtra, filed a first appeal (St.) No.16695 of 2019 along with several interim and civil applications. The Court considered Interim Applications No.12429 and No.12430 of 2025, granting relief in the prayer clauses as sought. The civil applications (Nos.3569 and 3570 of 2019) were also allowed, with the Court condoning the delay in filing the first appeal and directing the appellant to file a paper book within a year. An ad‑interim relief was ordered in the second civil application, subject to the appellant depositing the decretal amount with interest within eight weeks. The cross objection (St.) No.14783 of 2023 was admitted, and the interim application was disposed of. Overall, the Court provided procedural reliefs while imposing compliance conditions on the appellant.

Issues considered

Whether the delay in filing the first appeal can be condoned
Whether the interim applications seeking relief can be granted subject to conditions
Whether ad‑interim relief can be ordered pending deposit of decretal amount

Subjects

Procedural law
Condonation of delay
Interim relief
Civil appeal
Application disposal

Judgment

                                                                          59-fast16695-2019.doc


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

                                    FIRST APPEAL (ST.) NO. 16695 OF 2019
                                                    WITH
                                   INTERIM APPLICATION NO.12430 OF 2025
                                                    WITH
                                  CROSS OBJECTION (ST.) NO.14783 OF 2023
                                                    WITH
                                     CIVIL APPLICATION NO.3569 OF 2019
                                                    WITH
                                     CIVIL APPLICATION NO.3570 OF 2019
                                                    WITH
                                   INTERIM APPLICATION NO.12429 OF 2025

ATUL                  The State of Maharashtra                    … Appellant
GANESH
KULKARNI                         V/s.
Digitally signed by
ATUL GANESH
                      Chandrakant Nathuram Mhatre & Ors.          … Respondents
KULKARNI
Date: 2026.08.25
17:36:16 +0530




                      Mr. A.R. Patil, Additional G.P. for the appellant /
                      applicant.
                      Mr. Vijay S. Gharat with Mr. Sarvesh V. Gharat and Ms.
                      Nidhi D. Mankar for respondent Nos.1 to 3.



                                                  CORAM     : AMIT BORKAR, J.

                                                  DATED     : AUGUST 25, 2026
                      P.C.:
                      Interim Application No.12429 of 2025:

                      1.      For the reasons set out therein, the interim application is
                      allowed in terms of prayer clauses (b) to (d).

                      Interim Application No.12430 of 2025:




                                                        1
                                                    59-fast16695-2019.doc


2.   Since Advocate for other respondents has instructions to
appear on behalf of respondent No.12, the interim application is
allowed

Civil Application No.3569 of 2019:

3.   For the reasons set out in paragraphs 3 to 5 of the civil
application, same is allowed. The delay in filing first appeal is
condoned.

First Appeal (St.) No.16695 of 2019:

4.   Admit.

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

Civil Application No.3570 of 2019:

6.   Considering the issue involved, there shall be ad-interim
relief in terms of prayer clause (b), subject to the appellant
depositing entire decretal amount along with interest with the
Reference Court within eight weeks from today.

7.   The interim application stands disposed off.

Cross Objection (St.) No.14783 of 2023:

8.   Admit.


                                           (AMIT BORKAR, J.)




                                2

Continue reading with your account

Checking your session…