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 358‑day delay in filing the appeal and disposed of the civil applications without granting interim relief.

Summary

The State of Maharashtra appealed a decree and filed two civil applications before the Bombay High Court. The appeal was delayed by 358 days, and the court, after considering the reasons, condoned the delay. The court directed the appellant to file a paper book within one year of the order. In Civil Application No. 1190, the appellant asserted that the entire decretal amount had been deposited with the reference court and sought interim relief. The court found no merit in granting the interim relief and disposed of the application. Overall, the appeal was allowed insofar as the delay was condoned, and both civil applications were dismissed.

Issues considered

Whether a delay of 358 days in filing the appeal can be condoned.
Whether interim relief is warranted when the decretal amount has been deposited with the reference court.

Subjects

condonation of delay
interim relief
civil appeal
paper book
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.
                      Shir Soma Mahadu Tungar                          … Respondent
Date: 2026.08.18
18:09:23 +0530




                      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.)




                                  2

Continue reading with your account

Checking your session…