Bombay High Court
JAYASHRI NARESH MHATRE SINCE DECEASED THR LEGALHEIR ASHISH NARESH MHATRE.versusSTATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR, LAND ACQUISITION
- Decided
- Disposal
- Allowed
Holding
The court condoned the delay, granted the interim relief, and ordered amendment of the appeal within four weeks.
Summary
The State of Maharashtra, represented by the Deputy Collector (Land Acquisition), appealed against Devidas Mangaly Gharat and Vaman Devidas Gharat. The appellant sought condonation of delay in filing the appeal and various interim reliefs. The court condoned the delay, granted the interim reliefs as per the prayer clauses, and ordered the appellant to deposit the decretal amount with interest within eight weeks. It also directed that the appeal be amended within four weeks. All interim applications were disposed of, and the matter proceeds pending final determination of the appeal.
Issues considered
- Whether the delay in filing the appeal can be condoned
- Whether the interim relief sought by the appellant can be granted pending the appeal
- Whether the appellant must amend the appeal and the time frame for such amendment
Subjects
- land acquisition
- appeal
- condonation of delay
- interim relief
- amendment of appeal
Judgment
85-FA(ST)-5886-2024 (copy).doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SAYALI
DEEPAK
UPASANI FIRST APPEAL (ST) NO. 5886 OF 2024
Digitally signed by
WITH
SAYALI DEEPAK
UPASANI INTERIM APPLICATION NO. 16132 OF 2024
Date: 2026.09.02
11:29:03 +0530
State Of Maharashtra Through The
Deputy Collector Land Acquisition … Appellant
V/s.
Devidas Mangaly Gharat Dec. Thr. His
Lrs. 1.1)Vaman Devidas Gharat … Respondent
WITH
INTERIM APPLICATION NO.16133 OF 2024
WITH
CROSS OBJECTION (ST)NO.30933 OF 2025
WITH
INTERIM APPLICATION NO.1848 OF 2026
Mr. A. R. Patil, Additional GP, for Appellant.
Ms. Harshada Shrikhande with Mr. Saurabh Butala,
for the Respondents .
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 1, 2026
P.C.
INTERIM APPLICATION NO. 16132 OF 2024
1. For the reasons stated in the application, the delay in filing
appeal is condoned.
1
85-FA(ST)-5886-2024 (copy).doc
2. The application is allowed in terms of prayer clause ‘b’.
3. The application stands disposed off.
FIRST APPEAL (ST) NO. 5886 OF 2024
4. Admit.
5. Paper book is to be filed within one year.
INTERIM APPLICATION NO.16133 OF 2024
6. For the reasons stated therein, the interim application is
allowed. There shall be interim relief in terms of prayer clause
(b), subject to the condition that the appellant shall, within
period of eight weeks from today, deposit entire decretal amount
along with accrued interest with the Reference Court.
7. The interim application stands disposed of.
CROSS OBJECTION (ST)NO.30933 OF 2025
8. Admit.
INTERIM APPLICATION NO.1848 OF 2026
9. For the reasons stated in the application, the same is
allowed in terms of prayer clauses ‘a’ to ‘c’.
10. Necessary amendment in the State’s Appeal is to be carried
out within period of four weeks.
(AMIT BORKAR, J.)
2
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