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Bombay High Court

THE STATE OF MAHARASHTRA THR. THE DEPUTY COLLECTOR (LAND ACQUISITION), RAIGAD AND ANR.versusSHRI. RAMCHANDRA MAHADEO BHOIR AND ORS.

Decided
Disposal
Allowed

Holding

The court condoned the delay in filing the appeal and granted the interim relief sought.

Summary

The State of Maharashtra, represented by Deputy Collector (Land Acquisition), Raigad, filed a first appeal (ST) No. 5609 of 2021 against Shri Ramchandra Mahadeo Bhoir and others. The respondents did not appear before the court. The appellant sought condonation of delay in filing the appeal and interim relief in respect of a decretal amount with interest already deposited. The court, after considering the appellant's submissions, condoned the delay in filing the appeal and granted the interim relief sought under prayer clause (b). Both interim applications (Nos. 16487 and 16488 of 2023) were allowed and disposed of.

Issues considered

  • Whether the delay in filing the appeal should be condoned
  • Whether interim relief in terms of the decretal amount with interest should be granted

Subjects

  • condonation of delay
  • interim relief
  • land acquisition
  • civil appellate jurisdiction
  • procedural law

Judgment

                                                                              69-FA(ST)-5609-2021.doc



                                                                                           Sayali
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
SAYALI    by SAYALI
          DEEPAK                             CIVIL APPELLATE JURISDICTION
DEEPAK    UPASANI
          Date:
UPASANI   2026.09.01
          19:51:15 +0530


                                          FIRST APPEAL (ST) NO. 5609 OF 2021

                             The State Of Maharashtra Thr.
                             The Deputy Collector (Land
                             Acquisition), Raigad And Anr.                … Appellants
                                        V/s.
                             Shri. Ramchandra Mahadeo
                             Bhoir And Ors.                               … Respondents

                                                          WITH
                                      INTERIM APPLICATION NO. 16487 OF 2023
                                                          WITH
                                      INTERIM APPLICATION NO. 16488 OF 2023


                             Mr.   A. R. Patil, Additional GP for State- for
                             Appellant.
                                                     CORAM : AMIT BORKAR, J.

                                                        DATED      : SEPTEMBER 1, 2026
                             P.C.:

                                       INTERIM APPLICATION NO. 16488 OF 2023

                             1.       None appears for the Respondents.

                             2.       For the reasons stated in paragraph nos. 2 to 4, the
                             delay in filing appeal is condoned.

                             3.       The application is allowed in terms of prayer clause ‘b’.

                             4.       The application stands disposed off.




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                                                 69-FA(ST)-5609-2021.doc


                  FIRST APPEAL (ST) NO. 5609 OF 2021

5.       Admit.

6.       Paper book is to be filed within one year.

         INTERIM APPLICATION NO. 16487 OF 2023

7.       The learned Advocate for the appellant/applicant states
that entire decretal amount along with interest has already been
deposited. Hence, there shall be interim relief in terms of prayer
clause (b).

8.       The interim application is allowed and stands disposed
off.


                                           (AMIT BORKAR, J.)




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