Bombay High Court

THE STATE OF MAHARASHTRA AND ANRversusSHRI SHIVRAM HARI WAGH

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The court condoned the 358‑day delay, directed the appellant to file a paper book within one year, and disposed of the applications without granting further interim relief.

Summary

The State of Maharashtra appealed a decree against Shabnoor Ayub Pathan, filing the appeal 358 days after the prescribed period. The High Court was petitioned to condone this delay and to address interim relief concerning the deposit of the decretal amount. The court, after considering the advocate's submissions, condoned the delay and ordered the appellant to file a paper book within one year. In the related civil application, the appellant asserted that the entire decree amount had already been deposited with the reference court, seeking interim relief. The court found no merit in further relief and disposed of both the appeal and the civil applications. Consequently, the appeal was allowed to proceed despite the delay, and the applications were dismissed.

Issues considered

Whether a delay of 358 days in filing the appeal can be condoned.
Whether the appellant is required to file a paper book within a specified time.
Whether interim relief is warranted when the decree amount has been deposited with the reference court.

Subjects

condonation of delay
civil appeal
interim relief
paper book filing
decree amount deposit
High Court of Bombay

Judgment

                                                                         37-fa-st-16466-2017 with.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL (ST) NO.16466 OF 2017
                                                      WITH
                                       CIVIL APPLICATION NO.1183 OF 2018
                                                      WITH
SHABNOOR                               CIVIL APPLICATION NO.1184 OF 2018
AYUB
PATHAN
Digitally signed by
                      The State of Maharashtra & Anr.               … Appellant
SHABNOOR AYUB
PATHAN                           V/s.
Date: 2026.08.18
18:09:23 +0530        Shivram Hari Wagh                             … Respondent

                      Mr. A. R. Patil, Addl. GP, for the State – Appellant.
                      Ms. Bhavana Khemani i/.b Anil Ahuja, for the
                      Respondent.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : AUGUST 18, 2026
                      P.C.:
                      CIVIL APPLICATION NO.1183 OF 2018

                      1.      For the reasons stated therein, the delay of 358 days in filing
                      the appeal is condoned.

                      2.      The application stands disposed of.

                       FIRST APPEAL (ST) NO.16466 OF 2017

                      3.      Admit.

                      4.      The appellant to file paper book within one year from today.




                                                         1
                                                 37-fa-st-16466-2017 with.doc


CIVIL APPLICATION NO.1184 OF 2018

5.     Learned Advocate for the appellant/applicant states that
entire decretal amount has already been deposited with the
Reference Court.

6.     Hence, there shall be interim relief in terms of prayer clause
(b).

7.     The application stands disposed of.


                                             (AMIT BORKAR, J.)




                                  2

Continue reading with your account

Checking your session…