Bombay High Court

STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND AQUISITIONversusSHRI. CHINTAMAN NARAYAN THAKUR

Decided: 8 September 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the appeal and ordered the appellant to file the paper book within one year.

Summary

The State of Maharashtra filed an appeal against a decision involving Shabnoor Ayub Pathan. The appeal was filed beyond the prescribed period, prompting an interim application seeking condonation of delay. The court examined the reasons and, noting the appellant’s explanation, condoned the delay and allowed the application. A separate interim application concerning a deposited amount that had been withdrawn by the claimants was also allowed. The court directed the appellant to file the paper book within one year and disposed of both interim applications. No substantive merits of the appeal were decided.

Issues considered

Whether the delay in filing the appeal can be condoned under procedural law
Whether the court can order filing of the paper book within a specified time
Whether the amount already deposited and withdrawn affects the interim relief sought

Subjects

condonation of delay
interim application
paper book filing
civil appellate jurisdiction
deposit withdrawal

Judgment

                                                                              75-fa-st-27366-2023.doc


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

                                       FIRST APPEAL (ST) NO.27366 OF 2023

                      State of Maharashtra
SHABNOOR              Through The Deputy Collector
AYUB
PATHAN                & Aquisition                                  … Appellant
Digitally signed by              V/s.
SHABNOOR AYUB
PATHAN                Chintaman Narayan Thakur                      … Respondent
Date: 2026.09.08
18:11:19 +0530

                                                   WITH
                                    INTERIM APPLICATION NO.14181 OF 2024
                                                   WITH
                                    INTERIM APPLICATION NO.14180 OF 2024

                      Mr. A. R. Patil, Addl. GP, for the State – Appellant.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : SEPTEMBER 8, 2026
                      P.C.:
                                    INTERIM APPLICATION NO.14180 OF 2024

                      1.      For the reasons stated in paragraphs 3 to 5, of the
                      application, the delay in filing the appeal is condoned. Accordingly,
                      the application is allowed in terms of prayer clause (b).

                      2.      The Interim Application stands disposed of.

                                       FIRST APPEAL (ST) NO.27366 OF 2023

                      3.      Admit.

                      4.      The appellant shall file the paper book within a period of one
                      year from today.



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                                                  75-fa-st-27366-2023.doc


           INTERIM APPLICATION NO.14181 OF 2024

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

6.    The Interim Application stands disposed of in above terms.


                                           (AMIT BORKAR, J.)




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