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Bombay High Court

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

Decided
Disposal
Allowed

Holding

The court condoned the delay in filing the appeal and granted the interim relief sought by the appellant.

Summary

The State of Maharashtra, represented by the Deputy Collector (Land Acquisition), appealed against the heirs of the deceased Ramdas Chandar Thakur. The appellant sought condonation of delay in filing the appeal and interim relief on the ground that the decretal amount with interest had already been deposited. The High Court, after considering the submissions, condoned the delay and allowed the interim application as per prayer clause ‘b’. The appeal was admitted and the court directed that the paper book be filed within one year. Both interim applications were disposed of, granting the relief sought by the appellant.

Issues considered

  • Whether the delay in filing the appeal can be condoned.
  • Whether interim relief is warranted when the decretal amount with interest has been deposited.

Subjects

  • appeal
  • condonation of delay
  • interim relief
  • land acquisition
  • decretal amount
  • paper book

Judgment

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



                                                                                               Sayali


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




                              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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