Bombay High Court

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

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The Court condoned the 358‑day delay in filing the appeal and granted the interim relief sought, subject to the appellant filing a paper book within one year.

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 asked to condone this delay and to consider an application for interim relief. The Court, after hearing counsel for the appellant, held that the delay could be condoned and ordered the appellant to file a paper book within one year. It was also noted that the entire decretal amount had been deposited with the reference court, justifying the grant of interim relief as per prayer clause (b). Consequently, the application for interim relief was disposed of, and the procedural directions were set for the appellant.

Issues considered

Whether a delay of 358 days in filing an appeal can be condoned under the Civil Procedure Code.
Whether interim relief is warranted when the decretal amount has been deposited with the reference court.
What procedural steps must the appellant comply with after condonation of delay.

Subjects

Condonation of delay
Interim relief
Civil appeal
Paper book filing
Procedural order
Civil Procedure Code

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.
                      Mahadu Dagadu Jadhav & Anr.                   … Respondents
Date: 2026.08.18
18:09:23 +0530




                      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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