Karan Dilip Patel v. Shrusti Sandeep Patel And ORS

26-WP5757-2026.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5757 OF 2026 Karan Dilip Patel

...Petitioner

Versus

Shrusti Sandeep Patel And Ors

...Respondents

Mr. Shrishailya Deshmukh, for the Petitioner. Mr. Harsh Dedhia, for Respondent Nos.9 and 10. SANTOSH SUBHASH KULKARNI

CORAM:

N. J. JAMADAR, J.

DATED:

8th JUNE, 2026 SANTOSH SUBHASH KULKARNI Date: 2026.06.10 10:00:28 +0530 Oral Order:- 1.

Heard the learned Counsel for the parties.

2.

This petition is preferred seeking a direction to the Collector, Daman, to decide the statutory appeal and application filed by the petitioner under Section 188(1)(b) of the Goa, Daman, Diu Land Revenue Code, 1968.

3.

The petitioner has preferred said appeal against an order whereby delay of nine years in filing the appeal has been condoned. The grievance in the petition is that the appeal preferred by the petitioner is not being taken up for hearing and, in the meanwhile, the Deputy Collector is proceeding with the proceedings in which the delay has been condoned. 1/2

26-WP5757-2026.DOC 4.

Since the lower authority has condoned the delay of nine years and an appeal has been preferred by the petitioner aggrieved by the said order, it would be in the fitness of things that the Collector hears and decides the statutory appeal. The Court is informed that, an application for stay to the execution and operation of the order condoning the delay has also been preferred in the said appeal.

5.

The petition thus stands disposed with direction to the Collector, Daman (R10) to hear and decide the appeal preferred by the petitioner against the order condoning the delay in filing the appeal, as expeditiously as possible, and if it is not possible to hear the appeal finally, hear the application for stay to the execution and operation of the said order within a period of four weeks from the date of communication of this order. 6.

Till the hearing and decision on the application for stay to the execution and operation of the order condoning the delay, the Deputy Collector shall defer the proceedings before him. [N. J. JAMADAR, J.] 2/2