Bombay High Court
THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITION RAIGAD AND ANRversusSHANTABAI KASHINATH PATIL SINCE DECEASED THROUGH HER LRS SHRI VINAYAK KASHINATH PATIL AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the interim applications, condoned the delay, ordered amendment within four weeks, and admitted the appeal.
Summary
The State of Maharashtra appealed against Shantabai Kashinath Patil and others. The Bombay High Court considered several interim applications (Nos. 2415, 2416 of 2021; 573, 574 of 2025) and a cross objection. The court allowed the interim applications in accordance with the respective prayer clauses, condoned the delay in filing the first appeal, and ordered that necessary amendments be made within four weeks. It also directed that a paper book be filed within one year and admitted the appeal. The applications were subsequently disposed of after granting the requested reliefs.
Issues considered
- Whether the delay in filing the first appeal should be condoned
- Whether the interim applications seeking various reliefs should be allowed
- Whether the parties may be permitted to amend pleadings within a specified period
- Whether the filing of a paper book within a year is required
Subjects
- interim relief
- condonation of delay
- amendment of pleadings
- paper book filing
- civil appellate jurisdiction
- procedural law
Judgment
51-FA(ST)-3197-2021.doc
Gayatri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
GAYATRI by GAYATRI
RAJENDRA
RAJENDRA SHIMPI
FIRST APPEAL (ST) NO. 3197 OF 2021
SHIMPI Date: 2026.09.09
11:02:49 +0530
The State Of Maharashtra Thr.
The Deputy Collector (Land
Acquisition) And Anr. … Appellants
V/s.
Shantabai Kashinath Patil
Since Deceased Thr.Her Lrs.
1.1) Shri. Vinayak Kashinath
Patil And Ors. … Respondents
WITH
INTERIM APPLICATION NO. 2415 OF 2021
WITH
INTERIM APPLICATION NO. 2416 OF 2021
WITH
INTERIM APPLICATION NO. 574 OF 2025
WITH
CROSS OBJECTION (ST) NO. 18487 OF 2024
WITH
INTERIM APPLICATION NO. 573 OF 2025
Mr. A. R. Patil, Addl. GP, for the Appellant / Applicant
State.
Mr. S. Bane i/b Mr. Saurabh Butala for Respondent
Nos. 1.1 to 1.2 and 2.1 to 2.6.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 8, 2026
P.C.:
INTERIM APPLICATION NO. 573 OF 2025
1. For the reasons stated in the application, the same is allowed
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51-FA(ST)-3197-2021.doc
in terms of prayer clause ‘b’ to ‘e’.
2. Interim Application is allowed and disposed of.
INTERIM APPLICATION NO. 574 OF 2025
3. Since the Mr. Saurabh Butala has instructions to appear on
behalf of Respondent Nos. 2.4 to 2.5, Interim Application No. 574
of 2025 stands allowed in terms of prayer clauses ‘b’ and ‘c’.
4. Necessary amendment is to be carried out within period of
four weeks.
INTERIM APPLICATION NO. 2415 OF 2021
5. Considering the reasons assigned in paragraph Nos. 2 to 4 of
the interim application, the same is allowed. The delay in filing the
first appeal stands condoned.
6. The Interim Application stands disposed of.
INTERIM APPLICATION NO. 2416 OF 2021
7. The learned Advocate for the Appellant / Applicant states
that entire decretal amount along with interest has already been
deposited. Hence, there shall be ad-interim relief in terms of
prayer clause (b).
8. The application is allowed and disposed of.
FIRST APPEAL (ST) NO. 3197 OF 2021
9. Admit
10. Paper book to be filed within one year.
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51-FA(ST)-3197-2021.doc
CROSS OBJECTION (ST) NO. 18487 OF 2024
11. Admit.
(AMIT BORKAR, J.)
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