Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTORversusSMT. MANKUBAI KAMLAKAR KADU AND ORS.

Decided: 1 September 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the appeal and granted the interim relief sought by the appellant.

Summary

The State of Maharashtra appealed a decree and filed a civil application seeking interim relief. The appellant argued that the full decretal amount with interest had already been deposited, justifying the grant of interim relief. The court examined the delay in filing the appeal and, after considering the circumstances, condoned the delay. It allowed the interim application as prayed for in clause (b) and ordered that the paper book be filed within one year. Consequently, the application was disposed of, and the appeal was effectively allowed.

Issues considered

Whether the delay in filing the appeal should be condoned
Whether interim relief should be granted in view of the deposit of the decretal amount with interest
Whether the paper book must be filed within the stipulated period

Subjects

delay condonation
interim relief
civil appeal
paper book filing
Maharashtra
High Court of Bombay

Judgment

                                                 63-FA(ST)-16673-2019.doc



                                                               Sayali


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

             FIRST APPEAL (ST) NO.16673 OF 2019
                           WITH
             CIVIL APPLICATION NO. 3320 OF 2019

The State Of Maharashtra
Through The Deputy Collector                 … Appellant
           V/s.
Smt. Mankubai Kamlakar Kadu
And Ors.                                     … Respondents



Mr. A. R. Patil, Additional GP for State- Appellant.



                            CORAM      : AMIT BORKAR, J.

                            DATED      : SEPTEMBER 1, 2026

P.C.:

            CIVIL APPLICATION NO. 3320 OF 2019

1.       For the reasons stated in paragraph nos. 3 to 5, the
delay in filing appeal is condoned.

2.       The application is allowed in terms of prayer clause ‘b’.

3.       The application stands disposed off.




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                                                63-FA(ST)-16673-2019.doc


                  FIRST APPEAL (ST) NO.16673 OF 2019

4.       Admit.

5.       Paper book is to be filed within one year.

                  CIVIL APPLICATION NO. 3321 OF 2019

6.       Not on Board. Upon mentioning taken on Board.

7.       The learned Advocate for the appellant/applicant states
that entire decretal amount along with interest has already been
deposited. Hence, there shall be interim relief in terms of prayer
clause (b).

8.       The interim application is allowed and stands disposed
off.


                                           (AMIT BORKAR, J.)




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