Bombay High Court
STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITIONversusLATE SHRI YASHWANT RAMJI GHARAT SINCE DECEASED THROUGH LEGAL HEIRS
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay in filing the first appeal but dismissed the request for further interim relief regarding the deposited decretal amount.
Summary
The State of Maharashtra, represented by the Deputy Collector (Land Acquisition), filed a first appeal against a decree concerning land acquisition. The appellant sought condonation of delay in filing the appeal, arguing that the delay was justified. The court examined whether the delay could be condoned under procedural law and allowed the condonation. In a separate interim application, the appellant claimed that the decretal amount with interest had already been deposited and sought interim relief. The court found no merit in granting further relief and disposed of that application. The court also directed the appellant to file the paper book within one year. No final merits of the appeal were decided in this order.
Issues considered
- Whether the delay in filing the first appeal can be condoned.
- Whether interim relief is warranted when the decretal amount with interest has already been deposited.
Subjects
- condonation of delay
- interim relief
- land acquisition
- first appeal
- decretal amount
- interest
Judgment
69-FA(ST)-14411-2023.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
VIVEKANAND
VIVEKANAND RAJENDRA
BONDE
RAJENDRA
BONDE Date:
2026.09.08
FIRST APPEAL (ST) NO. 14411 OF 2023
18:30:37
+0530
WITH
INTERIM APPLICATION NO. 12730 OF 2024
WITH
INTERIM APPLICATION NO. 12731 OF 2024
State Of Maharashtra
Through The Deputy
Collector Land Acquisition … Appellant
V/s.
Shri Yashwant Ramji
Gharat Since Deceased
Through Legal Heirs … Respondent
Mr. A. R. Patil, Addl. GP, for the Appellant/Applicant.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 8, 2026
P.C.:
INTERIM APPLICATION NO. 12730 OF 2024 :
1. For the reasons stated in paragraph Nos. 3 to 5, the interim
application for condonation of delay is allowed in terms of prayer
clause (b).
2. The delay is filing first appeal is condoned.
FIRST APPEAL (ST) NO. 14411 OF 2023 :
3. Admit
4. Appellant to file paper book within one year from today.
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69-FA(ST)-14411-2023.doc
INTERIM APPLICATION NO. 12731 OF 2024 :
5. Learned Advocate for the Appellant submits that entire
decretal amount along with interest has already been deposited.
6. Hence, there shall be interim relief in terms of prayer clause
(b).
7. The interim application stands disposed of.
(AMIT BORKAR, J.)
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