Bombay High Court
THE STATE OF MAHARASHTRA THR. SPECIAL LAND LAND ACQUISITION OFFICER, METRO CENTRE NO.3versusEKNATH KAMLYA MUNDKAR SINCE DECEASED THR. LRS. SMT KALIBAI EKNATH MUNDKAR
- Decided
- Disposal
- Allowed
Holding
The Court condoned the delay, permitted the amendment to delete the respondent’s name, accepted the deposit of the decretal amount, and ordered the paper book to be filed within one year.
Summary
The State of Maharashtra, represented by the Special Land Acquisition Officer, Raigad, appealed against a decree concerning land acquisition affecting the estate of the late Eknath Kamlya Mundkar. The respondent, through counsel Ms. Deepa S. Punde, raised several procedural matters including the deletion of a respondent’s name, condonation of delay in filing the first appeal, and the deposit of the decretal amount with interest. The Court, after considering the applications, allowed the amendment to delete the respondent’s name and ordered it to be effected within four weeks. It also condoned the delay in filing the first appeal and granted the ad‑interim relief sought regarding the deposited amount. The Court directed that the paper book of the appeal be filed within one year and admitted the appeal. No substantive merits of the land acquisition dispute were addressed; the orders were purely procedural.
Issues considered
- Whether the delay in filing the first appeal can be condoned
- Whether the name of a respondent can be deleted from the pleadings
- Whether the deposit of the decretal amount with interest satisfies the appellant’s claim for ad‑interim relief
- Whether the paper book must be filed within a stipulated period
Subjects
- land acquisition
- interim relief
- procedural delay
- amendment of parties
- paper book filing
- condonation of delay
Judgment
57-FA(ST)-9161-2021.doc
Gayatri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
GAYATRI by GAYATRI
RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date: 2026.09.09
11:52:58 +0530
FIRST APPEAL (ST) NO. 9161 OF 2021
WITH
INTERIM APPLICATION NO. 17149 OF 2023
WITH
INTERIM APPLICATION NO. 17148 OF 2023
WITH
INTERIM APPLICATION NO. 6737 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 16641 OF 2025 (NOB)
The State Of Maharashtra Thr.
Special Land Land Acquisition
Officer, Raigad … Appellant
V/s.
Eknath Kamlya Mundkar Since
Deceased Thr. Lrs. Smt Kalibai
Eknath Mundkar … Respondent
Mr. A. R. Patil, Additional GP for State.
Ms. Deepa S. Punde i/b Mr. Sachin Punde, for
Respondent.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 8, 2026
P.C.:
INTERIM APPLICATION (ST) NO. 16641 OF 2025 (NOB)
1. For the reasons stated in the Application, the application is
allowed in terms of prayer clause ‘b’ to ‘d’.
2. Since the legal representatives of respondent No. 1.1 are
already on record, the name of Respondent No. 1.5 is permitted to
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57-FA(ST)-9161-2021.doc
be deleted.
3. Amendment is to be carried out within four weeks.
INTERIM APPLICATION NO. 17148 OF 2023
4. For the reasons stated in the paragraph nos. 2 to 4, the delay
in filing first appeal is condoned.
5. The Application is allowed in terms of prayer clause (b).
6. Application is allowed and disposed of.
INTERIM APPLICATION NO. 17149 OF 2023
7. The learned Advocate for the Appellant / Applicant states
that entire decretal amount along with interest has already been
deposited.
8. Hence, there shall be ad-interim relief in terms of prayer
clause (b).
9. The application is allowed and disposed of.
FIRST APPEAL (ST) NO. 9161 OF 2021
10. Admit.
11. The paper book is to be filed within a period of one year.
(AMIT BORKAR, J.)
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