Bombay High Court

THE STATE OF MAHARASHTRA AND ANRversusSHRI SHIVRAM HARI WAGH

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The court held that the 358‑day delay in filing the appeal could be condoned and directed the appellant to file a paper book within a year, while dismissing the interim relief applications.

Summary

The State of Maharashtra filed an appeal (ST) No.16466 of 2017 after a delay of 358 days, seeking condonation of the delay and compliance with procedural requirements. The appellant also filed two civil applications (Nos.1183 and 1184 of 2018) requesting interim relief, alleging that the entire decretal amount had been deposited with the reference court. The court examined whether the lengthy delay could be condoned and whether the appellant was entitled to the interim relief sought. It held that the delay was condonable and ordered the appellant to file a paper book within one year. Both civil applications were dismissed, and the appeal was allowed in part with the procedural direction.

Issues considered

Whether a delay of 358 days in filing a civil appeal can be condoned.
Whether the appellant is entitled to interim relief after depositing the decretal amount with the reference court.

Subjects

condonation of delay
civil appeal
paper book
interim relief
decretal amount
reference court

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.




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                                                 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.)




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