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Bombay High Court

THE STATE OF MAHARASHTRA AND ANR.versusSHRI MAHADU DAGADU JADHAV AND ANR.

Decided
Disposal
Disposed Off

Holding

The court condoned the 358‑day delay, admitted the appeal, and granted the interim relief.

Summary

The State of Maharashtra filed a first appeal (ST) No.16560 of 2017 against Mahadu Dagadu Jadhav & Anr. The appeal was filed 358 days after the prescribed period. The appellant sought condonation of the delay and interim relief. The court, after hearing, condoned the delay, ordered the appellant to file a paper book within one year, and granted the interim relief sought. The application was disposed of, and the appeal was admitted for further proceedings.

Issues considered

  • Whether a delay of 358 days in filing the appeal can be condoned
  • Whether interim relief can be granted pending the disposal of the appeal

Subjects

  • condonation of delay
  • interim relief
  • civil appeal
  • paper book
  • High Court of Bombay

Judgment

                                                                              39-fa-st-16560-2017.doc


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

                                       FIRST APPEAL (ST) NO.16560 OF 2017
                                                      WITH
                                       CIVIL APPLICATION NO.1185 OF 2018
                                                      WITH
SHABNOOR                               CIVIL APPLICATION NO.1186 OF 2018
AYUB
PATHAN
Digitally signed by
                      The State of Maharashtra & Anr.               … Appellants
SHABNOOR AYUB
PATHAN                           V/s.
Date: 2026.08.18
18:09:23 +0530        Mahadu Dagadu Jadhav & Anr.                   … Respondents

                      Mr. A. R. Patil, Addl. GP, for the State – Appellant.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : AUGUST 18, 2026
                      P.C.:
                      CIVIL APPLICATION NO.1186 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.16560 OF 2017

                      3.      Admit.

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

                      CIVIL APPLICATION NO.1186 OF 2018

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



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                                                     39-fa-st-16560-2017.doc


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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