Bombay High Court

THE STATE OF MAHARASHTRA AND ANR.versusSHIR SOMA MAHADU TUNGAR

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The court condoned the delay, ordered the appellant to file a paper book within one year, and disposed of both civil applications without granting interim relief.

Summary

The State of Maharashtra filed a first appeal (ST) No.16553 of 2017 against Shabnoor Ayub Pathan, accompanied by two civil applications (Nos.1189 and 1190 of 2018). The appellant sought condonation of a 358‑day delay in filing the appeal, and the court granted the condonation. The court also directed the appellant to file a paper book within one year from the date of the order. In Civil Application No.1190, the appellant asserted that the entire decretal amount had already been deposited with the reference court and prayed for interim relief under clause (b). The court found no merit in the interim relief claim and disposed of the application. Overall, the appeal was allowed insofar as the delay was condoned, and both applications were disposed.

Issues considered

Whether the 358‑day delay in filing the appeal should be condoned
Whether the appellant should be directed to file a paper book within a specified time
Whether interim relief under prayer clause (b) is warranted in view of the decretal amount being deposited

Subjects

delay condonation
civil appeal
interim relief
paper book filing
decretal amount

Judgment

                                                                    38-fa-st-16553-2017 with connected.doc


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

                                       FIRST APPEAL (ST) NO.16553 OF 2017
                                                      WITH
                                       CIVIL APPLICATION NO.1189 OF 2018
                                                      WITH
SHABNOOR                               CIVIL APPLICATION NO.1190 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        Shir Soma Mahadu Tungar                          … 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.1189 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.16553 OF 2017

                      3.      Admit.

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




                                                         1
                                             38-fa-st-16553-2017 with connected.doc


CIVIL APPLICATION NO.1190 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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