Bombay High Court

KHANDU DHONDU PAWAR AND ANR.versusTHE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICE AND ANR.

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The court allowed the interim application, permitting withdrawal of 50% of the deposited amount subject to an undertaking to repay if the appeal is decided against the respondents.

Summary

The State of Maharashtra, through the Special Land Acquisition Office, appealed a land acquisition matter against Khandu Dhondu Pawar. The appellant deposited the full decretal amount with interest in the reference court and sought interim relief. The court considered whether the respondents could withdraw a portion of the deposited amount pending the final decision. It allowed the interim application, permitting the respondents to withdraw 50% of the amount on condition of an undertaking to repay if the appeal is decided against them. The court also admitted the appeal and directed that the paper book be filed within one year.

Issues considered

Whether interim relief can be granted to allow withdrawal of part of the deposited decretal amount pending final adjudication

Subjects

Land acquisition
Interim relief
Deposit of decretal amount
Withdrawal of funds
Appeal procedure

Judgment

                                                        61-FA(ST)-392-2025.doc



Sayali


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                 FIRST APPEAL (ST) NO. 392 OF 2025
                               WITH
               INTERIM APPLICATION NO. 6394 OF 2026
                               WITH
               INTERIM APPLICATION NO. 3739 OF 2025

The State Of Maharashtra Through The
Special Land Acquisition Office and Anr.        … Appellants
           V/s.
Khandu Dhondu Pawar And Anr.                    … Respondents

Mr. A. R. Patil, Additional GP for Appellants.
Mr. Sarfaraj J. Shaikh i/b Sachin S. Gite, for
Respondents.


                              CORAM      : AMIT BORKAR, J.

                              DATED      : SEPTEMBER 22, 2026

P.C.:
               INTERIM APPLICATION NO. 3739 OF 2025

1.       For the reasons stated in the paragraph nos. 3 to 5, the
application is allowed in terms of prayer clause ‘b’.

2.       The application is allowed and disposed of.

                     FIRST APPEAL (ST) NO. 392 OF 2025

3.       Admit.

4.       Paper book is to be filed within period of one year.




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                                                       61-FA(ST)-392-2025.doc


                INTERIM APPLICATION NO. 6394 OF 2026

5.     Learned Advocate for the appellant states that entire decretal
amount along with interest has been deposited with the Reference
Court.

6.     Hence, there shall be interim relief in terms of prayer clause
(b).

7.     The interim application is disposed of.

8.     The claimants/respondents are permitted to withdraw 50%
of the amount deposited, subject to filing undertaking stating that
if the decision in the First Appeal goes against the claimants, they
will repay the amount either to the acquiring body or to the State
Government as the case may be, with the interest at the prevailing
bank rate.


                                                 (AMIT BORKAR, J.)




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