THE STATE OF MAH AND ORS v. VENKAT SADASHIV JADHAV L.RS. KUSUM VENKATRAO JADHAV AND ORS
CA/15049/2010 · 2026-04-23
Shri Kishore C Sant, Shri Sushil M Ghodeswar
body2010
DailyLaw.ai
[ 2010 DAILYLAW 1828 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2010 DAILYLAW 1828 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 14961 OF 2010 IN FAST/25976/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS FAYAZ DADAMIYA SAYYED AND CIVIL APPLICATION NO. 15041 OF 2010 IN FAST/25929/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS HARIBA VAIJINATH KOTALWAR AND CIVIL APPLICATION NO. 15047 OF 2010 IN FAST/25951/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS SHAIKH SULTAN SHAIKH SAHEB L.RS. TAFIFABEE SULTAN SHAIKH AND OTHERS AND CIVIL APPLICATION NO. 15035 OF 2010 IN FAST/25919/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS GIYANBAI SONERAO SALUNKE AND CIVIL APPLICATION NO. 14965 OF 2010 IN FAST/25984/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS RUKMINBAI RAOSAHEB SALUNKE AND khs/April 2026/14961 2026:BHC-AUG:18917-DB
- 2 - CIVIL APPLICATION NO. 14966 OF 2010 IN FAST/25984/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS RUKMINBAI RAOSAHEB SALUNKE AND CIVIL APPLICATION NO. 14970 OF 2010 IN FAST/25956/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS MANIK RAMCHANDRA KINIKAR AND CIVIL APPLICATION NO. 14974 OF 2010 IN FAST/25968/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS SHYAM SANTRAM SALUNKE AND CIVIL APPLICATION NO. 15033 OF 2010 IN FAST/25966/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS UTTAM SANTARAM SALUNKE AND CIVIL APPLICATION NO. 15037 OF 2010 IN FAST/25913/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS HARISHCHANDRA IRAPPA KOMBADE AND CIVIL APPLICATION NO. 15039 OF 2010 IN FAST/25935/2010 THE STATE OF MAHARASHTRA AND OTHERS khs/April 2026/14961
- 3 - VERSUS DAGADU RAMA SALUNKE AND CIVIL APPLICATION NO. 4678 OF 2026 IN FAST/25919/2010 GINYANBAI SONERAO SALUNKE DIED THROUGH LRS LILAWATI SONERAO SALUNKE. VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND OTHERS AND CIVIL APPLICATION NO. 15021 OF 2010 IN FAST/25972/2010 THE STATE OF MAHARASHTRA AND OTHERS AND CIVIL APPLICATION NO. 15040 OF 2010 IN FAST/25935/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS DAGADU RAMA SALUNKE AND CIVIL APPLICATION NO. 15050 OF 2010 IN FAST/25945/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS VENKAT SADASHIV JADHAV L.RS. KUSUM VENKATRAO JADHAV AND OTHERS AND CIVIL APPLICATION NO. 15022 OF 2010 IN FAST/25972/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS BHIMRAO SHYAMRAO JADHAV L.RS. VIMALBAI DASI JADHAV AND OTHERS khs/April 2026/14961
- 4 - AND CIVIL APPLICATION NO. 15029 OF 2010 IN FAST/25954/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS MOUJAMKHAN OSMANKHAN PATHAN AND CIVIL APPLICATION NO. 15034 OF 2010 IN FAST/25966/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS UTTAM SANTARAM SALUNKE AND CIVIL APPLICATION NO.
14958 OF 2010 IN FAST/25883/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS BASWESHWAR MALLIKARJUNAPPA BIDWE AND CIVIL APPLICATION NO. 14969 OF 2010 IN FAST/25980/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS DNYANOBA VITHAL PADRE AND OTHERS AND CIVIL APPLICATION NO. 15048 OF 2010 IN FAST/25951/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS SHAIKH SULTAN SHAIKH SAHEB L.RS. TAFIFABEE SULTAN SHAIKH AND OTHERS AND CIVIL APPLICATION NO. 15025 OF 2010 IN FAST/25907/2010 khs/April 2026/14961
- 5 - THE STATE OF MAHARASHTRA AND OTHERS VERSUS ABASAHEB SADASHIV JADHAV AND CIVIL APPLICATION NO. 15036 OF 2010 IN FAST/25919/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS GIYANBAI SONERAO SALUNKE AND CIVIL APPLICATION NO. 14968 OF 2010 IN FAST/25980/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS DNYANOBA VITHAL PADRE AND OTHERS AND CIVIL APPLICATION NO. 15052 OF 2010 IN FAST/25941/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS GOVIND NAGORAO JADHAV AND CIVIL APPLICATION NO. 15044 OF 2010 IN FAST/25923/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS LILAWATI SONERAO SALUNKE AND CIVIL APPLICATION NO. 4662 OF 2026 IN FAST/25962/2010 KASHINATH ANANDA JADHAV DIED THROUGH LRS KONDABAI KASHINATH JADHAV AND OTHERS VERSUS khs/April 2026/14961
- 6 - THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND OTHERS AND CIVIL APPLICATION NO. 4664 OF 2026 IN FAST/25972/2010 BHIMRAO SHYAMRAO JADHAV DIED THR L.RS. MAHADEV DASU JADHAV AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND OTHERS AND CIVIL APPLICATION NO. 4667 OF 2026 IN FAST/25883/2010 BASWESHWAR MALLIKARJUNAPPA BIDWE DIED THROUGH LRS GURUPRASAD. VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND OTHERS AND CIVIL APPLICATION NO. 15045 OF 2010 IN FAST/25947/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS BABURAO GUNDERAO DONGRE (DIED) THROUGH LRS CHANDRABHAGAI BABURAO DONGRE AND OTHERS AND CIVIL APPLICATION NO. 15038 OF 2010 IN FAST/25913/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS HARISHCHANDRA IRAPPA KOMBADE AND CIVIL APPLICATION NO.
15026 OF 2010 IN FAST/25907/2010 khs/April 2026/14961
- 7 - THE STATE OF MAHARASHTRA AND OTHERS VERSUS ABASAHEB SADASHIV JADHAV AND CIVIL APPLICATION NO. 14976 OF 2010 IN FAST/25968/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS SHYAM SANTRAM SALUNKE AND CIVIL APPLICATION NO. 15046 OF 2010 IN FAST/25947/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS BABURAO GUNDERAO DONGRE (DIED) THROUGH LRS CHANDRABHAGAI BABURAO DONGRE AND OTHERS AND CIVIL APPLICATION NO. 14973 OF 2010 IN FAST/25962/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS KASHINATH ANANDA JADHAV AND CIVIL APPLICATION NO. 15028 OF 2010 IN FAST/25954/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS MOUJAMKHAN OSMANKHAN PATHAN AND CIVIL APPLICATION NO. 15051 OF 2010 IN FAST/25941/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS GOVIND NAGORAO JADHAV khs/April 2026/14961
- 8 - AND CIVIL APPLICATION NO. 14960 OF 2010 IN FAST/25883/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS BASWESHWAR MALLIKARJUNAPPA BIDWE AND CIVIL APPLICATION NO. 14971 OF 2010 IN FAST/25956/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS MANIK RAMCHANDRA KINIKAR AND CIVIL APPLICATION NO. 14963 OF 2010 IN FAST/25976/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS FAYAZ DADAMIYA SAYYED AND CIVIL APPLICATION NO. 4663 OF 2026 IN FAST/25941/2010 GOVIND NAGORAO JADHAV DIED THROUGH LRS SHIVAJI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND OTHERS AND CIVIL APPLICATION NO. 15049 OF 2010 IN FAST/25945/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS VENKAT SADASHIV JADHAV L.RS. KUSUM VENKATRAO JADHAV AND OTHERS AND khs/April 2026/14961
- 9 - CIVIL APPLICATION NO. 15042 OF 2010 IN FAST/25929/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS HARIBA VAIJINATH KOTALWAR AND CIVIL APPLICATION NO. 15043 OF 2010 IN FAST/25923/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS LILAWATI SONERAO SALUNKE AND CIVIL APPLICATION NO. 14972 OF 2010 IN FAST/25962/2010 THE STATE OF MAHARASHTRA AND OTHERS VERSUS KASHINATH ANANDA JADHAV Mr.K.B.Jadhavar, AGP for the respondent/State. Mr.S.S.Manale, Advocate for the respondent. Mr.Ammar Khan h/f Mr.G.R.Syed, Advocate for the sole respondent in CA No.15028/2010.
( CORAM : KISHORE C. SANT AND SUSHIL M. GHODESWAR, JJ. ) DATE : 23 APRIL, 2026 PER COURT :
CA No.14961/2010, CA No.15021/2010, CA No.14958/2010, CA No.15051/2010, CA No.14972/2010, CA No.15036/2010, CA No.14974/2010, CA No.14965/2010, CA No.15045/2010, CA No.15041/2010, CA No.15025/2010, CA No.15043/2010, CA No.14968/2010, CA No.15037/2010, CA No.15033/2010, CA khs/April 2026/14961
- 10 - No.15049/2010, CA No.15039/2010, CA No.14970/2010,
1. These applications are filed seeking condonation of delay of 400 days caused in filing the appeals by the State. The learned AGP relies on the order passed by this Court dated 09.01.2015 on CA No.4670/2012 in FA Stamp No.6573/2012. This Court, by way of the said order, was pleased to condone the delay caused in filing of the said appeal. It is informed that the said appeal arises out of the same acquisition proceedings, from which theses appeals are arising. 2. Considering the above, this Court finds that the delay deserves to be condoned. Delay is, therefore, condoned. All the above civil applications stand allowed and disposed off. FAST/25976/2010 AND FAST/25929/2010, AND FAST/25951/2010 AND FAST/25984/2010 AND FAST/25956/2010 AND FAST/25968/2010 AND FAST/25966/2010 AND FAST/25913/2010 AND FAST/25935/2010 AND FAST/25883/2010 AND FAST/25907/2010 AND FAST/25919/2010 AND FAST/25980/2010 AND FAST/25947/2010 AND FAST/25954/2010 AND FAST/25941/2010 AND FAST/25945/2010 AND FAST/25923/2010 AND FAST/25962/2010
3. Heard the learned Advocates for the respective parties. khs/April 2026/14961
- 11 - Office to register the first appeals. Issue notice to the respondents, returnable on 18.06.2026
4. Heard. Admit. Call for R & P. To be taken up with FA No.1228/2015. CA Nos.4662/2026, 4663/2026, 4664/2026, 4667/2026, 4678/2026
5. These civil applications are filed by the original claimants / respondents in the appeals for bringing on record the legal heirs of the deceased claimants/respondents. There is also delay in filing these civil applications. For the reasons stated in the applications, delay stands condoned. The civil applications are allowed.
The learned AGP to take steps to amend the cause title suitably by showing the applicants as legal heirs of the respective claimants. 6. With this, the civil applications are disposed off. CA Nos.15035/2010, 14966/2010, 15040/2010, 15050/2010, 15022/2010, 15029/2010, 15034/2010, 14969/2010, 15048/2010. 15052/2010, 15044/2010, 15038/2010, 15026/2010, 14976/2010, khs/April 2026/14961
- 12 - 15046/2010, 14973/2010, 14960/2010, 14971/2010, 14963/2010, 15042/2010
7. The learned AGP makes a statement that in all these appeals, the State has deposited the amount as per the impugned judgment and award passed by the Trial Court. In some of the cases, amounts are even withdrawn by the claimants. 8. Considering that the amount is already deposited in this Court, this Court finds that the impugned judgment and award needs to be stayed till final disposal of the appeals. 9. With this, the applications for stay stand disposed off. There shall be stay to the impugned judgments and awards till final disposal of the appeals. All the applications stand allowed and disposed off. 10. One of the claimant has also filed appeal bearing FA Stamp No.2270/2017. The same be circulated later on. ( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J.) khs/April 2026/14961