Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITIONversusDattatray Narayan Tandel Deceased

Decided: 1 September 2026
Disposal: Allowed

Holding

The Court held that the delay in filing the appeal was condonable and ordered a fresh notice to the respondent's legal representatives.

Summary

The State of Maharashtra, through the Deputy Collector (Land Acquisition), filed an interim application (No. 14533 of 2024) seeking condonation of delay in filing its appeal in First Appeal (ST) No. 2892 of 2020. The High Court, after considering the reasons advanced in the application, held that the delay could be condoned. Consequently, the court allowed the application in respect of prayer clauses ‘b’ to ‘d’ and disposed of it. In a separate interim application (No. 14534 of 2024), the court directed that a fresh notice be issued to the legal representatives of the deceased respondent, with a return date of 27 October 2026. The orders were pronounced by Justice Amit Borkar on 1 September 2026.

Issues considered

Whether the delay in filing the appeal can be condoned under the provisions of the Civil Procedure Code
Whether a fresh notice should be issued to the legal representatives of the deceased respondent

Subjects

condonation of delay
interim application
Civil Procedure Code
notice
appeal

Judgment

                                                                            88-IA-14533-2024.doc



                                                                                      Sayali


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
SAYALI
DEEPAK                             INTERIM APPLICATION NO. 14533 OF 2024
UPASANI                                                 IN
Digitally signed by
SAYALI DEEPAK
UPASANI
                                     FIRST APPEAL (ST) NO. 2892 OF 2020
Date: 2026.09.02
11:29:04 +0530                                    WITH
                                   INTERIM APPLICATION NO. 14534 OF 2024

                      The State Of Maharashtra Through The
                      Deputy Collector Land Acquisition              … Applicant
                                 V/s.
                      Dattatray Narayan Tandel Deceased              … Respondent


                      Mr. A. R. Patil, for Appellant.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : SEPTEMBER 1, 2026
                      P.C.:

                                    INTERIM APPLICATION NO. 14533 OF 2024

                      1.         For the reasons stated in application, the delay in filing
                      appeal is condoned.

                      2.         The application is allowed in terms of prayer clauses ‘b’
                      to ‘d’.

                      3.         The application stands disposed off.




                                                        1
                                                 88-IA-14533-2024.doc


              INTERIM APPLICATION NO. 14534 OF 2024

4.      Issue fresh notice to the legal representatives of
respondent no. 1, returnable on 27th October, 2026.




                                         (AMIT BORKAR, J.)




                               2

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