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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITIONversusRAMDAS CHANDAR THAKUR DECEASED THROUTH HIS LEGAL HEIRS JANARDAN RAMDAS THAKUR

Decided
Disposal
Allowed

Holding

The court condoned the delay, admitted the appeal, granted the interim relief under prayer clause ‘b’, and ordered the paper book to be filed within one year.

Summary

The State of Maharashtra, represented by the Deputy Collector (Land Acquisition), appealed against the decree in favor of the heirs of the deceased Ramdas Chandar Thakur. The appellant filed an appeal after a delay, seeking condonation of the delay and interim relief. The court examined whether the delay in filing the appeal could be condoned and whether the interim relief sought under prayer clause ‘b’ should be granted. It held that the delay was condoned, the appeal was admitted, and the interim application was allowed in terms of prayer clause ‘b’. The court also directed that the paper book be filed within one year and disposed of the interim applications.

Issues considered

  • Whether the delay in filing the appeal can be condoned
  • Whether interim relief under prayer clause ‘b’ should be granted
  • Whether the paper book must be filed within a specified period

Subjects

  • Land Acquisition
  • Civil Appeal
  • Condonation of Delay
  • Interim Relief
  • Paper Book
  • Civil Procedure Code

Judgment

                                                                                  97-FA(ST)-7141-2025.doc



                                                                                               Sayali


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
                                              CIVIL APPELLATE JURISDICTION
SAYALI  by SAYALI
        DEEPAK
DEEPAK UPASANI
UPASANI Date:
        2026.08.25
           16:38:56 +0530
                                             FIRST APPEAL (ST) NO. 7141 OF 2025

                              The State Of Maharashtra
                              (Through The Deputy Collector Land
                              Acquisition                                    … Appellant
                                          V/s.
                              Ramdas Chandar Thakur
                              Deceased Throuth His Legal
                              Heirs Janardan Ramdas Thakur
                              And Ors.                                       … Respondents

                                                              WITH
                                           INTERIM APPLICATION NO. 6905 OF 2025
                                                          WITH
                                           INTERIM APPLICATION NO. 6906 OF 2025


                              Mr. A. R. Patil, Additional GP for State for Appellant.


                                                            CORAM      : AMIT BORKAR, J.

                                                            DATED      : AUGUST 25, 2026

                              P.C.:

                                           INTERIM APPLICATION NO. 6905 OF 2025
                              1.      For the reasons stated in paragraph nos. 3 to 5, delay in
                              filing Appeal is condoned.

                              2.      Application is allowed in terms of prayer clause ‘b’.

                              3.      The application is allowed and disposed of.



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                                                   97-FA(ST)-7141-2025.doc


             FIRST APPEAL (ST) NO. 7141 OF 2025

4.    Appeal Admit.

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



              INTERIM APPLICATION NO. 6906 OF 2025

6.    The learned Advocate for the Appellant states that the
decretal amount along with interest is already deposited. Hence,
there shall be interim relief in terms of prayer clause ‘b’.

7.    The application is disposed of.


                                            (AMIT BORKAR, J.)




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