Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE DEPUTY COLLECTOR) AND ANR.versusSMT. HIRUBAI PANDURANG PATIL AND ORS.

Decided: 25 August 2026
Disposal: Allowed

Holding

The court condoned the delay, ordered the filing of a paper‑book, and granted ad‑interim relief subject to deposit of the decretal amount.

Summary

The State of Maharashtra filed a first appeal (St.) No.16690 of 2019 against Hirubai Pandurang Patil and others. The court admitted the cross objection (St.) No.37093 of 2024 and allowed the interim application (No.3522 of 2019), condoning the delay in filing the appeal. The appellant was directed to file a paper‑book within one year. In the civil application (No.3523 of 2019), the court granted ad‑interim relief subject to the appellants depositing the decretal amount with interest within eight weeks, and thereafter disposed of the civil application.

Issues considered

Whether the delay in filing the first appeal should be condoned
Whether the appellant should be ordered to file a paper‑book
Whether ad‑interim relief can be granted pending deposit of the decretal amount

Subjects

procedural law
condonation of delay
interim relief
civil appeal
paper‑book filing
ad‑interim relief

Judgment

                                                                           58-fast16690-2019.doc


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

                                    FIRST APPEAL (ST.) NO. 16690 OF 2019
                                                    WITH
                                  CROSS OBJECTION (ST.) NO.37093 OF 2024
                                                    WITH
                                     CIVIL APPLICATION NO.3522 OF 2019
                                                    WITH
                                     CIVIL APPLICATION NO.3523 OF 2019

                      The State of Maharashtra & Anr.             … Appellants
                                 V/s.
                      Hirubai Pandurang Patil & Others            … Respondents



ATUL                  Mr. A.R. Patil, Additional G.P. for the appellants/
GANESH                applicants.
KULKARNI
Digitally signed by
ATUL GANESH
                      Mr. Vijay S. Gharat with Mr. Sarvesh V. Gharat and Ms.
KULKARNI
Date: 2026.08.27
11:04:03 +0530
                      Nidhi D. Mankfor respondent Nos.1 to 2.
                      Mr. Harshad Sathe for some of the respondents.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : AUGUST 25, 2026
                      P.C.:
                      Cross Objection (St.) No.37093 of 2024:

                      1.      Admit.

                      Interim Application No.3522 of 2019:

                      2.      For the reasons set out therein, the interim application is
                      allowed. The delay caused in filing the first appeal is condoned.




                                                        1
                                                   58-fast16690-2019.doc


First Appeal (St.) No.16690 of 2019:

3.   Admit.

4.   Appellant to file paper-book within one year from today.

Civil Application No.3523 of 2019:

5.   Considering the issue involved, there shall be ad-interim
relief in terms of prayer clause (b), subject to the appellants
depositing entire decretal amount along with interest with the
Reference Court within eight weeks from today.

6.   The civil application stands disposed of.


                                            (AMIT BORKAR, J.)




                                 2

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