Bombay High Court
STATE OF MAHARASHTRA THROUGH THE SPECIALLAND ACQUISITION OFFICERversusASHOK BALARAM TANDEL
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the interim application, granting the ad-interim relief because the decretal amount with interest had been deposited.
Summary
The State of Maharashtra, through the Special Land Acquisition Officer, filed an appeal challenging the respondent's claim regarding a decretal amount. The appellant submitted interim applications seeking relief, asserting that the full decretal amount with interest had already been deposited. The court examined whether the appellant was entitled to ad-interim relief under the prayer clause (b) of the application. It was held that the appellant's claim of deposit was satisfactory and therefore the relief sought was justified. Consequently, the court allowed the interim application and ordered the filing of the paper book within one year, disposing of the application.
Issues considered
- What is the appropriate ad-interim relief when the decretal amount with interest has been deposited?
- Whether the appellant is entitled to the relief sought under prayer clause (b) of the interim application?
Subjects
- interim relief
- decretal amount
- interest
- land acquisition
- civil procedure
Judgment
66-FA(ST)-7185-2023.doc
Gayatri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
GAYATRI by GAYATRI
RAJENDRA
RAJENDRA SHIMPI
FIRST APPEAL (ST) NO. 7185 OF 2023
SHIMPI Date: 2026.09.09
WITH
11:02:46 +0530
INTERIM APPLICATION NO. 12491 OF 2024
WITH
INTERIM APPLICATION NO. 12493 OF 2024
State Of Maharashtra
Through The Specialland
Acquisition Officer … Appellant
V/s.
Ashok Balaram Tandel … Respondent
Mr. A. R. Patil, Additional GP for Appellant / Applicant
– State.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 8, 2026
P.C.:
INTERIM APPLICATION NO. 12491 OF 2024.
1. For the reasons stated in paragraph nos. 3 to 5, the
application is allowed in terms of prayer clause ‘b’.
FIRST APPEAL (ST) NO. 7185 OF 2023
2. Admit.
3. Paper book is to be filed within period of one year.
INTERIM APPLICATION NO. 12493 OF 2024
4. The learned Advocate for the Appellant / Applicant states
that entire decretal amount along with interest has already been
1
66-FA(ST)-7185-2023.doc
deposited.
5. Hence, there shall ad-interim reliefs in terms of prayer clause
(b).
6. The application is allowed and disposed of.
(AMIT BORKAR, J.)
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