Bombay High Court
THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTORversusSHRI. ATMARAM VITTHAL GHARAT-DECEASED THROUGH HIS LEGAL HEIRS.1) SHRI.MAHADEO ATMARAM GHARAT AND OR
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the appellant must deposit the full decretal amount with accrued interest within eight weeks and allowed the interim applications, directing amendment of the cross objections.
Summary
The State of Maharashtra filed a first appeal against the legal heirs of the deceased Shri Atmaram Vitthal Gharat, seeking enforcement of a decree amount. The appellant sought interim relief and the respondents raised cross objections. The Court considered a civil application and an interim application filed by the parties. It ordered the appellant to deposit the entire decretal amount together with accrued interest within eight weeks and allowed the interim relief sought in the applications. The Court also directed that the parties amend their cross objections within four weeks, thereby disposing of the appeal.
Issues considered
- Whether the appellant should be directed to deposit the decretal amount with interest pending final determination.
- Whether the interim applications seeking relief are maintainable.
- Whether the cross objections filed by the parties require amendment.
Subjects
- decree
- interim relief
- civil appeal
- cross objection
- deposit
- interest
- Maharashtra
Judgment
44-FA-1017-2022.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1017 OF 2022
SAYALI WITH
DEEPAK CIVIL APPLICATION NO. 3531 OF 2019
UPASANI IN
Digitally signed by FIRST APPEAL NO. 1017 OF 2022
SAYALI DEEPAK
UPASANI WITH
Date: 2026.09.29 INTERIM APPLICATION NO. 7040 OF 2026
18:52:55 +0530
IN
FIRST APPEAL NO. 1017 OF 2022
WITH
CROSS OBJECTION (ST) NO. 14562 OF 2023
IN
FIRST APPEAL NO. 1017 OF 2022
WITH
CROSS OBJECTION (ST) NO. 12845 OF 2024
IN
FIRST APPEAL NO. 1017 OF 2022
The State Of Maharashtra
Through The Deputy
Collector … Appellant
V/s.
Shri. Atmaram Vitthal Gharat-
Deceased Through His Legal
Heirs.1) Shri.Mahadeo Atmaram
Gharat And Ors … Respondents
Mr. A. R. Patil, Additional GP for Appellant.
Mr. Vijay Gharat with Mr. S. Gharat with Ms. Nidhi
Mankar, for Respondent nos. 1 to 5.
Ms. Harshada Shikhande i/b Saurabh Butala, for
Respondent in XOB.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 29, 2026
1
44-FA-1017-2022.doc
P.C.:
FIRST APPEAL NO. 1017 OF 2022
1. Admit.
2. The paper book is to be filed within a period of one year.
CROSS OBJECTION (ST) NO. 14562 OF 2023
WITH
CROSS OBJECTION (ST) NO. 12845 OF 2024
3. Admit
CIVIL APPLICATION NO. 3531 OF 2019
4. Subject to the condition that the Appellant shall, within
period of eight weeks from today, deposit entire decretal amount
along with accrued interest with the Reference Court, there shall
be interim relief in terms of prayer clause ‘b’.
5. The Application is allowed and disposed of.
INTERIM APPLICATION NO. 7040 OF 2026
6. For the reasons stated in the application, the same is allowed
in terms of prayer clauses ‘a’ to ‘c’.
7. Necessary amendment by the state and by the Respondents
in the Cross objection shall be carried out within four weeks.
(AMIT BORKAR, J.)
2
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