Bombay High Court
SHRI. GENBA LAXMAN PAVGIversusTHE SPECIAL LAND ACQUISITION OFFICER NO.17 PUNE AND ORS.
- Decided
- Disposal
- Allowed
Holding
The appellant is permitted to reconstruct the appeal papers in accordance with the prescribed procedure.
Summary
In an interim application filed by Sayali Deepak Upasani, the appellant sought permission to reconstruct the appeal papers after the original documents were destroyed. The High Court examined whether the destruction of the original appeal papers barred the appellant from proceeding with the appeal. Relying on procedural rules governing reconstruction of lost documents, the Court held that the appellant could be allowed to reconstruct the papers. Consequently, the interim application was allowed. The Court directed the appellant to follow the prescribed procedure for reconstruction of the appeal papers.
Issues considered
- Whether the appellant may reconstruct the appeal papers after the original papers have been destroyed
Subjects
- interim application
- reconstruction of appeal papers
- destruction of records
- procedural law
- civil appellate jurisdiction
Judgment
43-CAF-218-2022.doc
sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 218 OF 2022
SAYALI IN
DEEPAK REJECTED CASE NO. 2037 OF 2017
UPASANI
Digitally signed by Shri. Genba Laxman Pavgi … Applicant
SAYALI DEEPAK
UPASANI V/s.
Date: 2026.09.29 The Special Land Acquisition
18:52:55 +0530
Officer No.17 Pune And Ors. … Respondents
Ms. Amrita Kharkar with Sayalee Bhosale, Hrucha Josh
i/b P. H. Potnis, for Appellant.
Mr. A. R. Patil, Additional GP for Respondent nos. 1
and 2.
Mr. D. D. Shinde, for Respondent no. 3.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 29, 2026
P.C.:
INTERIM APPLICATION NO. 218 OF 2022
1. For the reasons stated in the Interim Application, the same is
allowed.
2. Since the original papers of appeal are destroyed, the
Appellant is permitted to reconstruct papers of appeal after
following prescribed to procedure.
(AMIT BORKAR, J.)
1
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