Bombay High Court
FAGUNMAL GANGARAM WAGHWANI SINCE DECEASED THR. LRS. MURLIDHAR MEGHRAJ WAGHWANIversusSPECIAL LAND ACQUISITION OFFICER AND ANR.
- Decided
- Disposal
- Allowed
Holding
The Court held that the interim applications are to be allowed and the delay in filing the appeal is condoned.
Summary
The appellants filed a series of interim applications in multiple first appeals concerning land acquisition matters. The High Court examined each application to determine whether the relief sought under the prayer clauses should be granted. The Court allowed the interim applications in accordance with the specific prayer clauses cited by the parties. In one instance, the Court condoned the delay in filing the appeal, finding the explanation satisfactory. The orders were pronounced by Justice Amit Borkar, granting the relief sought and permitting the continuation of the main appeals.
Issues considered
- Whether the interim applications filed by the parties should be allowed as per the prayer clauses.
- Whether the delay in filing the appeal can be condoned.
Subjects
- interim application
- condonation of delay
- civil appellate jurisdiction
- land acquisition
Judgment
5-fa-1344 of 2024 & Connected.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
CIVIL APPELLATE JURISDICTION
by
VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA BONDE
BONDE Date:
2026.10.06
FIRST APPEAL NO. 1344 OF 2025
17:54:06 +0530
WITH
INTERIM APPLICATION NO. 7679 OF 2026
IN
FIRST APPEAL NO. 1344 OF 2025
Fagunmal Gangaram Waghwani Since
Deceased Thr. Lrs. Murlidhar Meghraj
Waghwani … Appellant
V/s.
Special Land Acquisition
Officer And Anr. … Respondents
WITH
FIRST APPEAL NO. 232 OF 2019
WITH
CIVIL APPLICATION NO. 766 OF 2019
IN
FIRST APPEAL NO. 232 OF 2019
WITH
FIRST APPEAL NO. 2203 OF 2025
WITH
FIRST APPEAL NO. 1406 OF 2025
WITH
FIRST APPEAL NO. 167 OF 2020
WITH
FIRST APPEAL NO. 69 OF 2023
WITH
FIRST APPEAL NO. 557 OF 20201344 OF 2025
WITH
FIRST APPEAL NO. 72 OF 2023
WITH
FIRST APPEAL NO. 166 OF 2020
WITH
INTERIM APPLICATION NO. 4024 OF 2023
IN
FIRST APPEAL NO. 166 OF 2020
1
5-fa-1344 of 2024 & Connected.doc
WITH
FIRST APPEAL NO. 70 OF 2023
WITH
FIRST APPEAL NO. 1210 OF 2019
WITH
INTERIM APPLICATION NO. 7789 OF 2026
IN
FIRST APPEAL NO. 1210 OF 2019
Sushilabai Bhausaheb Sonawne … Appellant
V/s.
The State Of Maharashtra Through
District Collector, Nashik And Anr. … Respondents
WITH
FIRST APPEAL NO. 71 OF 2023
WITH
FIRST APPEAL NO. 168 OF 2020
WITH
FIRST APPEAL NO. 68 OF 2023
WITH
FIRST APPEAL (ST) NO. 31455 OF 2025
WITH
INTERIM APPLICATION NO. 11884 OF 2025
Murlidhar Punja Kadad Since Deceased
Through Jayabai Murlidhar Kakad
(Deceased) And Ors … Appellant
V/s.
Special Land Acquisition Officer And
Anr. … Respondents
WITH
FIRST APPEAL NO. 1917 OF 2025
Ms. Rukmini Khairnar a/w Mr. Bipin Singh i/b Mr.
Pramod Joshi, for the Appellant/Applicant.
Mr. A. R. Patil, Additional G. P., for the State-
Respondent No. 1.
Mr. Shivprasad Page a/w Ms Janhavi Kolge, for the
Respondent No. 2. in FA/232/2019 a/w
2
5-fa-1344 of 2024 & Connected.doc
CAF/766/2019 a/w FA/167/2020 a/w FA/69/2023
a/w FA/557/2020 a/w FA/72/2023 a/w FA/166/2020
a/w IA/4024/2023 a/w FA/70/2023 a/w
FA/1210/2019 a/w IA/7789/2026 a/w FA/71/2023
a/w FA/168/2020 a/w FA/68/2023.
Mr. Pralhad Paranjape a/w Mr. Rahul Punjabi and
Vaishnavi Bansfore, for the Respondent No. 2.
CORAM : AMIT BORKAR, J.
DATED : OCTOBER 6, 2026
P.C.:
Interim Application No. 7679 of 2026 in FA No. 1344 OF 2025 :-
1. For the reasons stated in the application, same is allowed in
terms of prayer clauses (a) to (c).
Interim Application No. 7789 of 2026 in FA No. 1210 OF 2019 :-
2. For the reasons stated in the application, the same is allowed
in terms of prayer clauses (a) and (b).
Interim Application No. 11884 of 2025 in FA (St) 31455 of 2025 :-
3. In view of the extension furnished in paragraph No. 3, delay
in filing appeal is condoned.
4. Interim application is allowed in terms of prayer clause (a).
(AMIT BORKAR, J.)
3
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