Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE SPECIAL LAND ACQUISITION OFFICER), RAIGADversusSHRI. VITTHAL NARAYAN PATIL (DECEASED) THR. HIS LRS.1.1) SHRI.MACCHINDRANATH VITTHAL PATIL AND ORS.

Decided: 1 September 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the appeal and allowed the interim application seeking relief.

Summary

The State of Maharashtra, represented by the Special Land Acquisition Officer, appealed a decree concerning land acquisition. The appellant sought condonation of delay in filing the appeal and interim relief on the basis that the decretal amount with interest had already been deposited. The court, after considering the submissions, condoned the delay in filing the appeal and allowed the interim application seeking relief. Both interim applications were disposed of in favour of the appellant. The court also directed that the paper book be filed within one year.

Issues considered

Whether the delay in filing the appeal can be condoned under the applicable procedural rules.
Whether the appellant is entitled to interim relief on the ground that the decretal amount with interest has been deposited.

Subjects

delay condonation
interim relief
land acquisition
appeal
decretal amount
interest
special land acquisition officer
civil appellate jurisdiction

Judgment

                                                                       71-FA(ST)-11229-2021.doc



                                                                                     Sayali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
SAYALI
DEEPAK                            FIRST APPEAL (ST) NO. 11229 OF 2021
UPASANI
Digitally signed by
                      The State Of Maharashtra
SAYALI DEEPAK
UPASANI               (Through The Special Land
Date: 2026.09.02
11:29:03 +0530        Acquisition Officer), Raigad                 … Appellant
                                  V/s.
                      Shri. Vitthal Narayan Patil
                      (Deceased) Thr. His Lrs.1.1)
                      Shri.Macchindranath Vitthal
                      Patil And Ors.                               … Respondents

                                                     WITH
                               INTERIM APPLICATION NO. 16490 OF 2023
                                                     WITH
                               INTERIM APPLICATION NO. 16491 OF 2023



                      Mr. A. R. Patil, Additional GP, for Appellant.
                      Ms. Harshada Shrikhande i/b Saurabh Butala, for
                      Respondents.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : SEPTEMBER 1, 2026
                      P.C.:

                                  INTERIM APPLICATION NO. 16490 OF 2023

                      1.       For the reasons stated in paragraph nos. 3 to 5, the
                      delay in filing appeal is condoned.



                                                       1
                                                71-FA(ST)-11229-2021.doc


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

3.       The application stands disposed off.

                  FIRST APPEAL (ST) NO. 11229 OF 2021

4.       Admit.

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

        INTERIM APPLICATION NO. 16491 OF 2023

6.       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).

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


                                           (AMIT BORKAR, J.)




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