Bombay High Court
JAYENDRA PARSHURAM PATIL AND ORS.versusTHE STATE OF MAHARASHTRA THR.DEPUTY COLLECTOR (LAND ACQUISITION), RAIGAD AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
Delay in filing an appeal may be condoned if sufficient justification is shown, and interim applications may be granted subject to compliance with the court’s conditions.
Summary
The State of Maharashtra, represented by the Deputy Collector (Land Acquisition, Raigad), filed a first appeal against Jayendra Parshuram Patil. The appeal was filed beyond the prescribed period, prompting the court to consider condonation of delay. Several interim applications were filed by both parties seeking various procedural reliefs. The court condoned the delay in filing the appeal and allowed the interim applications, directing the appellant to deposit the decretal amount with interest within eight weeks and to make required amendments within four weeks. The applications were disposed of after granting the reliefs sought. The substantive merits of the appeal remain to be adjudicated.
Issues considered
- Whether the delay in filing the appeal can be condoned under procedural law
- Whether the interim applications filed by the parties should be allowed
Subjects
- procedural law
- condonation of delay
- interim application
- land acquisition
- High Court of Bombay
Judgment
89-Fast-27989-24+.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed CIVIL APPELLATE JURISDICTION
SAYALI by SAYALI
DEEPAK
DEEPAK UPASANI
UPASANI Date:
2026.09.01
20:27:52 +0530
FIRST APPEAL (ST) NO. 27989 OF 2024
The State of Maharashtra Thr. Deputy
Collector (Land Acquisition, Raigad) … Appellant
V/s.
Jayendra Parshuram Patil … Respondents
WITH
INTERIM APPLICATION NO. 586 OF 2025
WITH
INTERIM APPLICATION NO. 1919 OF 2026
WITH
CROSS OBJECTIONS (ST) NO.30937 OF 2025
WITH
INTERIM APPLICATION NO. 585 OF 2025
WITH
INTERIM APPLICATION NO. 1920 OF 2026
Mr. A. R. Patil, Additional GP for Appellant-Applicant.
Ms. Harshada Shrikhande i/b Saurabh Butala, for
Respondents.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 1, 2026
P.C.:
INTERIM APPLICATION NO. 585 OF 2025
1. For the reasons stated in paragraphs 3 to 5, delay in filing
Appeal is condoned.
2. The application is allowed and disposed of.
1
89-Fast-27989-24+.doc
FIRST APPEAL (ST) NO. 27989 OF 2024
3. Admit.
4. Paper book is to be filed within period of one year.
INTERIM APPLICATION NO. 586 OF 2025
5. The interim application is allowed in terms of prayer clause
(b), subject to the appellant depositing entire decretal amount
along with interest within eight weeks from today with the
Reference Court.
6. The application is allowed and the same is disposed of.
CROSS OBJECTIONS (ST) NO.30937 OF 2025
7. Admit.
INTERIM APPLICATION NO. 1919 OF 2026
WITH
INTERIM APPLICATION NO. 1920 OF 2026
8. For the reasons stated in the applications, both the
applications are allowed in terms of prayer clauses ‘a’ to ‘c’.
9. Necessary amendment is to be carried out within period of
four weeks.
(AMIT BORKAR, J.)
2
Checking your session…