Bombay High Court

PRITHE STATE OF MAHAYADARSHINI MAHILA SAHAKARI BANK LTD THROUGH MANAGER SOU KALPANA APPASO AMBULKARversusBABU CHANGU NAIK DEAD

Decided: 8 September 2026
Disposal: Allowed

Holding

The court granted the appellant's interim relief, allowing deletion of the specified respondents, ordering amendment within four weeks, and staying the proceedings until 6 October 2026.

Summary

The State of Maharashtra, as appellant, filed an appeal against the estate of Babu Changa Naik and others concerning a land acquisition matter. The appellant sought interim relief to amend the pleadings by deleting certain respondents and to stay the proceedings. The High Court, per Justice Amit Borkar, allowed the interim application clauses b to d, permitted the deletion of Respondent Nos. 3.5, directed that the amendment be effected within four weeks, and stayed the case until 6 October 2026. No substantive merits of the land acquisition dispute were decided. The order is limited to procedural interim relief.

Issues considered

Whether the appellant may delete certain respondents from the pleadings
Whether the court should grant an amendment of parties and stay the proceedings pending amendment

Subjects

land acquisition
interim relief
amendment of parties
stay of proceedings
civil appellate jurisdiction

Judgment

                                                                           55-FA(ST)-6037-2021.doc


                     Sayali

        Digitally
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        signed by
        SAYALI                         CIVIL APPELLATE JURISDICTION
SAYALI  DEEPAK
DEEPAK UPASANI
UPASANI Date:
        2026.09.09
        12:19:10
                                      FIRST APPEAL (ST) NO. 6037 OF 2021
        +0530

                     The State Of Maharashtra
                     Thr. The Special Land
                     Acquisition Officer, Raigad                    … Appellant
                                 V/s.
                     Babu Changa Naik (Dead) And Ors.               … Respondents

                                                   WITH
                                    INTERIM APPLICATION NO. 9152 OF 2025
                                                   WITH
                                   INTERIM APPLICATION NO. 16234 OF 2023
                                                   WITH
                                   INTERIM APPLICATION NO. 16233 OF 2023



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


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : SEPTEMBER 8, 2026
                     P.C.:
                                    INTERIM APPLICATION NO. 9152 OF 2025

                     1.       For the reasons stated in the application, the same is allowed
                     in terms of prayer clauses ‘b’ to ‘d’.

                     2.       State is permitted to delete the name of Respondent nos. 3.5.

                     3.       Amendment to be carried out within period of four weeks
                     from today.

                     4.       Stand over to 6 October 2026.




                                                         1
         55-FA(ST)-6037-2021.doc


    (AMIT BORKAR, J.)




2

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