Bombay High Court

THE STATE OF MAHARASHTRA AND ANR.versusSHRI PUNDALIK HARI CHAUDHARI

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The Court condoned the 358‑day delay, granted the interim relief sought, and ordered the appellant to file the paper book within a year, thereby disposing of the applications.

Summary

The State of Maharashtra appealed a decree before the Bombay High Court, but the appeal was filed 358 days after the prescribed period. The Court was urged to condone this delay and to grant interim relief because the entire decretal amount had already been deposited with the reference court. The Court, after considering the applications, exercised its discretion to condone the delay and disposed of the civil applications. It directed the appellant to file a paper book within one year of the order. The Court also acknowledged the deposit of the decree amount and granted the interim relief sought under prayer clause (b). The applications were consequently disposed of.

Issues considered

Whether a delay of 358 days in filing the appeal can be condoned under the procedural law.
Whether interim relief under prayer clause (b) is warranted when the decretal amount has been deposited with the reference court.
Whether the appellant should be directed to file a paper book within a specified time.

Subjects

condonation of delay
interim relief
paper book filing
decretal amount deposit
civil appeal
High Court of Bombay

Judgment

                                                                              40-fa-st-16578-2017.doc


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

                                       FIRST APPEAL (ST) NO.16578 OF 2017
                                                      WITH
                                       CIVIL APPLICATION NO.1193 OF 2018
                                                      WITH
SHABNOOR                               CIVIL APPLICATION NO.1194 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        Pundalik Hari Chaudhari & Ors.                 … Respondents

                      Mr. A. R. Patil, Addl. GP, for the State – Appellant.
                      Ms. Bhavna Khemani i/b            Mr.   Anil   Ahuja,    for
                      Respondent Nos.1 and 3.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : AUGUST 18, 2026
                      P.C.:
                      CIVIL APPLICATION NO.1193 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.16578 OF 2017

                      3.      Admit.

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




                                                         1
                                                     40-fa-st-16578-2017.doc


CIVIL APPLICATION NO.1194 OF 2018

5.     Learned Advocate for the appellants/applicants 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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