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 delay, admitted the appeal, ordered filing of a paper book within one year, and disposed of both civil applications.

Summary

The State of Maharashtra appealed a decree and sought condonation of a 358‑day delay in filing the appeal. The High Court, after considering the delay, condoned it and admitted the appeal, directing the appellant to file a paper book within one year. In a related civil application, the appellant asserted that the entire decretal amount had already been deposited with the reference court and sought interim relief. The court noted the deposit and disposed of the application without granting further relief. Both civil applications were consequently disposed of, and the appeal proceeded on the merits.

Issues considered

Whether a delay of 358 days in filing the appeal can be condoned
Whether the appellant must file a paper book within a specified period
Whether interim relief is warranted when the decretal amount has been deposited

Subjects

condonation of delay
civil appeal
paper book
interim relief
decretal amount

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.
                      Pundalik Hari Chaudhari & Ors.                 … Respondents
Date: 2026.08.18
18:09:23 +0530




                      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.)




                                  2

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