Bombay High Court

THE STATE OF MAHARASHTRA (THROUGH THE DEPUTY COLLECTOR)versusSHRI. CHANDRAKANT NATHURAM MHATRE AND ORS.

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The court allowed the interim applications, condoned the delay in filing the appeal, and directed the appellant to file a paper book and deposit the decretal amount with interest.

Summary

The State of Maharashtra, represented by Atul Ganesh Kulkarni, filed a first appeal (St.) No. 16695 of 2019 before the Bombay High Court, accompanied by several interim and civil applications. The appellant sought various procedural reliefs, including condonation of delay in filing the appeal and permission to file a paper book. The court, after considering the applications, allowed Interim Application No.12429 of 2025 (prayer clauses b to d) and Interim Application No.12430 of 2025, and granted the relief sought in Civil Application No.3569 of 2019, condoning the delay. It also ordered the appellant to deposit the decretal amount with interest within eight weeks and to file the paper book within one year. The cross objection was admitted, and the interim application was disposed of, resulting in the procedural matters being resolved in favor of the appellant.

Subjects

interim relief
condonation of delay
appeal procedure
paper book filing
decretal amount

Judgment

                                                                          59-fast16695-2019.doc


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

                                    FIRST APPEAL (ST.) NO. 16695 OF 2019
                                                    WITH
                                   INTERIM APPLICATION NO.12430 OF 2025
                                                    WITH
                                  CROSS OBJECTION (ST.) NO.14783 OF 2023
                                                    WITH
                                     CIVIL APPLICATION NO.3569 OF 2019
                                                    WITH
                                     CIVIL APPLICATION NO.3570 OF 2019
                                                    WITH
                                   INTERIM APPLICATION NO.12429 OF 2025

ATUL                  The State of Maharashtra                    … Appellant
GANESH
KULKARNI                         V/s.
Digitally signed by
ATUL GANESH
                      Chandrakant Nathuram Mhatre & Ors.          … Respondents
KULKARNI
Date: 2026.08.25
17:36:16 +0530




                      Mr. A.R. Patil, Additional G.P. for the appellant /
                      applicant.
                      Mr. Vijay S. Gharat with Mr. Sarvesh V. Gharat and Ms.
                      Nidhi D. Mankar for respondent Nos.1 to 3.



                                                  CORAM     : AMIT BORKAR, J.

                                                  DATED     : AUGUST 25, 2026
                      P.C.:
                      Interim Application No.12429 of 2025:

                      1.      For the reasons set out therein, the interim application is
                      allowed in terms of prayer clauses (b) to (d).

                      Interim Application No.12430 of 2025:




                                                        1
                                                    59-fast16695-2019.doc


2.   Since Advocate for other respondents has instructions to
appear on behalf of respondent No.12, the interim application is
allowed

Civil Application No.3569 of 2019:

3.   For the reasons set out in paragraphs 3 to 5 of the civil
application, same is allowed. The delay in filing first appeal is
condoned.

First Appeal (St.) No.16695 of 2019:

4.   Admit.

5.   Appellant to file paper book within one year from today.

Civil Application No.3570 of 2019:

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

7.   The interim application stands disposed off.

Cross Objection (St.) No.14783 of 2023:

8.   Admit.


                                           (AMIT BORKAR, J.)




                                2

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