Bombay High Court

LATE SHRI. NAMDEV BALARAM GHARAT (DECEASED) THR LRS 1.1 RATNAKUMAR NAMDEV GHARTversusTHE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITION

Decided: 25 August 2026
Disposal: Allowed

Holding

The court allowed the amendment, condoned the delay, and admitted the cross objection.

Summary

The State of Maharashtra, represented by the Deputy Collector, Land Acquisition, appealed against the estate of the deceased Namdev Balaram Gharat. The respondent filed a cross objection and an interim application seeking amendment of pleadings and condonation of delay. The High Court allowed the interim application, permitting the parties to amend their pleadings within four weeks and condoning the delay in filing the cross objection. The cross objection was admitted. The matter remains pending for final determination.

Issues considered

Whether amendment of pleadings may be permitted at this stage of the appeal
Whether the delay in filing the cross objection can be condoned
Whether the cross objection should be admitted

Subjects

amendment of pleadings
condonation of delay
cross objection
land acquisition
civil appellate jurisdiction

Judgment

                                                                      27-fa1129-2024 & connected.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      FIRST APPEAL NO. 1129 OF 2024
                                                  WITH
                                   CROSS OBJECTION (ST.) NO.9052 OF 2026

                      The State of Maharashtra, through the
                      Deputy Collector, Land Acquisition            … Appellant
                                 V/s.
                      Namdev Balaram Gharat, deceased               … Respondent

                                                   WITH
                                    INTERIM APPLICATION NO.3989 OF 2026
                                                    IN
ATUL
                                       FIRST APPEAL NO. 1129 OF 2024
GANESH
KULKARNI
                      Namdev Balaram Gharat, deceased
Digitally signed by
ATUL GANESH
KULKARNI
                      through LRs Ratankumar Namdev
Date: 2026.08.25
17:36:14 +0530        Gharat                                        … Applicant
                                 V/s.
                      The State of Maharashtra, through the
                      Deputy Collector, Land Acquisition            … Respondent



                      Mr. A.R. Patil, Additional G.P. for the appellant.
                      Mr. Harshad Sathe for the respondent in FA &
                      Applicant in IA/3989/2026.



                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : AUGUST 25, 2026
                      P.C.:
                      Interim Application No.3989 of 2026:

                      1.      Since legal representatives of respondent No.4 are already
                      on record in different capacity, the interim application is allowed.



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                                              27-fa1129-2024 & connected.doc


2.   Both the appellants in First Appeal and Claimants in Cross
Objection are permitted to carry out amendment within four
weeks from today.

Interim Application No.3966 of 2026:

3.   For the reasons set out therein, the delay caused in filing the
cross objections is condoned.

4.   The interim application is allowed.

Cross Objection (St.) No.9052 of 2026:

5.   Admit.


                                            (AMIT BORKAR, J.)




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