Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR (LAND ACQUISITION) RAIGADversusVITHOBA GANA MALI AND ORS.

Decided: 25 August 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the appeal and granted interim relief conditioned on the appellant depositing the decretal amount with interest within the stipulated time.

Summary

The State of Maharashtra filed a first appeal (ST) No. 99157 of 2020 against a decree in favor of Vithoba Gana Mali and others. The appeal was filed 340 days after the decree, and the court condoned the delay. Several interim applications were filed, seeking various reliefs. The court allowed interim reliefs subject to the appellant depositing the full decretal amount with interest within eight weeks, and ordered amendments to be made within four weeks. The appellant was directed to file the paper book within one year. All interim applications were disposed of as per the court's orders.

Issues considered

Whether the 340‑day delay in filing the appeal can be condoned.
Whether interim relief can be granted subject to the appellant depositing the decretal amount with interest.
Procedural requirements for filing the paper book and amendments.

Subjects

interim relief
condonation of delay
appeal
land acquisition
decretal amount
interest
procedural order

Judgment

                                                                            73-FA(ST)-99157-2020.doc


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

                                         FIRST APPEAL (ST) NO. 99157 OF 2020

SHABNOOR
                      The State Of Maharashtra
AYUB                  Through The Deputy
PATHAN
                      Collector (Land Acquisition)
Digitally signed by
SHABNOOR AYUB
PATHAN
                      Raigad                                       … Appellant
Date: 2026.08.25
16:19:00 +0530
                                  V/s.
                      Vithoba Gana Mali And Ors.                   … Respondents

                                                    WITH
                                     INTERIM APPLICATION NO. 1538 OF 2021
                                                    WITH
                                     INTERIM APPLICATION NO. 1539 OF 2021
                                                    WITH
                                    INTERIM APPLICATION NO. 10680 OF 2024
                                                    WITH
                                    INTERIM APPLICATION NO. 10682 OF 2024



                      Mr. A. R. Patil, Addl. GP, for the Appellant/Applicant.



                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026
                      P.C.:
                                    INTERIM APPLICATION NO. 10680 OF 2024

                      1.      For the reasons stated in the application, the application is
                      allowed in terms of prayer clauses (b) to (d).

                      2.      The Interim Application stands disposed of.




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                                                    73-FA(ST)-99157-2020.doc


              INTERIM APPLICATION NO. 10682 OF 2024

3.    For the reasons stated in the application, the same is allowed
in terms of prayer clauses (bb) and (c).

4.    Necessary amendment to be carried out within a period of
four weeks from today.

5.    The Interim Application stands disposed of.

               INTERIM APPLICATION NO. 1538 OF 2021

6.    For the reasons set out in paragraphs 2 to 4 of the
application, the delay of 340 days in filing the appeal is condoned.

7.    The Interim Application is accordingly allowed and stands
disposed of.

                FIRST APPEAL (ST) NO. 99157 OF 2020

8.    Admit.

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

               INTERIM APPLICATION NO. 1539 OF 2021

10.   Considering the reasons set out in the memorandum of
appeal, there shall be interim relief in terms of prayer clause (b),
subject to the appellant depositing the entire decretal amount
along with interest within a period of eight weeks from the date of
this order.

11.   It is made clear that in the case the appellant fails to deposit
the aforesaid amount within the stipulated period of eight weeks,




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                                                  73-FA(ST)-99157-2020.doc


the interim relief granted herein shall stand vacated automatically.

12.   The application stands disposed of.


                                             (AMIT BORKAR, J.)




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