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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

The appeal was allowed in part with condonation of delay, and the interim applications were granted subject to conditions of deposit and amendment.

Summary

The State of Maharashtra, represented by the Deputy Collector (Land Acquisition, Raigad), filed a first appeal against a decree, but the appeal was lodged beyond the prescribed period. The High Court examined whether the delay could be condoned, the requirement to file a paper book within one year, and the appellant's obligation to deposit the decretal amount with interest. It also considered the permissibility of allowing several interim applications and the timeframe for any necessary amendments. The Court condoned the delay in filing the appeal, ordered the appellant to deposit the full decretal amount with interest within eight weeks, and permitted the interim applications subject to their respective prayer clauses. Further, it directed that any required amendment be effected within four weeks, thereby disposing of the applications and allowing the appeal in part.

Issues considered

  • Whether the delay in filing the appeal can be condoned
  • Whether a paper book must be filed within one year of the decree
  • Whether the appellant must deposit the decretal amount with interest within a specified period
  • Whether the interim applications seeking various reliefs can be allowed
  • Whether amendments to the pleadings can be mandated within a set timeframe

Subjects

  • delay condonation
  • paper book filing
  • decretal amount
  • interest
  • interim application
  • amendment
  • 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.)




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