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Bombay High CourtCA/4041/2021admittedallowedgrantedrule absolute

The State Of Maharashtra And ORS v. Pandurang Vitthal Sarde

2025-10-09Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:28385 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 4046 OF 2021 IN FAST/2036/2021 (for condonation of delay) WITH CIVIL APPLICATION NO. 4047 OF 2021 IN FAST/2036/2021 (for stay) THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

DATTATRAYA VITTHAL SARDE WITH CIVIL APPLICATION NO. 4041 OF 2021 IN FAST/2030/2021 (for condonation of delay) WITH CIVIL APPLICATION NO. 4042 OF 2021 IN FAST/2030/2021 (for stay) THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

PANDURANG VITTHAL SARDE DIED THROUGH LRS MANGALAGAI PANDURANG SARDE AND OTHERS WITH CIVIL APPLICATION NO. 4043 OF 2021 IN FAST/2033/2021 (for condonation of delay) WITH CIVIL APPLICATION NO. 4044 OF 2021 IN FAST/2033/2021 (for stay) THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

NARAYAN VITTHAL SARDE

-2THE STATE OF MAHARASHTRA AND ORS

VERSUS

DATTATRAYA VITTHAL SARDE ...

AGP for Applicants : Mr. V. S. Badakh Advocate for Respondents : Ms. L. R. Thakur h/f Mr. L. C. Patil ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

09 OCTOBER 2025 PER COURT :- Civil Application No. 4046 of 2021 in FAST/2036/2021 Civil Application No. 4041 of 2021 in FAST/2030/2021 Civil Application No. 4043 of 2021 in FAST/2033/2021 (for condonation of delay) 1.

All these applications are filed by the appellant State seeking condonation of delay of 1285 days caused in filing the respective First Appeals.

2.

Learned counsel for the respondents opposed the applications on the ground that delay has not been properly explained. 3.

For the reasons mentioned in the applications, the applications are allowed in terms of prayer clause "B". Registry to register the respective appeals.

4.

The applications are disposed off.

-3Civil Application No. 4047 of 2021 in FAST/2036/2021 Civil Application No. 4042 of 2021 in FAST/2030/2021 Civil Application No. 4044 of 2021 in FAST/2033/2021 (for stay) 1.

Vide these applications, the appellant State is praying for stay to the effect, execution and implementation of the impugned common judgment and order dated 09.06.2016 passed by learned 2nd Jt. Civil Judge Senior Division, Osmanabad in respective Land Acquisition References, on the ground that the learned Reference Court has granted exorbitant enhancement.

2.

For the reasons mentioned in the applications, there shall be stay to the effect, execution and implementation of the impugned award passed by the Reference Court, subject to deposit of entire amount of compensation under award in respective appeals, along with accrued interest therein till date, within a period of twelve (12) weeks from today.

[ABHAY S. WAGHWASE, J.] vre