Bombay High Court

THE STATE OF MAHRASHTRAversusKANA BHURYA GAVAND AND OTHRS

Decided: 6 August 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is dismissed on the ground of quantum.

Summary

The State of Maharashtra appealed against Kana Bhurya Gavand and others concerning a dispute involving a bank guarantee, with the amount in controversy being Rs.1,57,494. The High Court examined whether the appeal was maintainable given the modest quantum. It held that the appeal could not be entertained on the ground that the amount was below the threshold for a civil appellate jurisdiction. Consequently, the appeal was dismissed, but the court expressly kept the merits of the underlying dispute open for future consideration. The claimants were discharged of their obligations under the bank guarantee, and the order was declared non-precedential as the merits were not adjudicated.

Issues considered

What is the quantum threshold for maintaining a civil appeal in the High Court?
Whether the appeal is maintainable given the amount of Rs.1,57,494?

Subjects

appeal
quantum
land acquisition
bank guarantee
civil procedure
precedent

Judgment

  2026:BHC-AS:32386


                       HMK                                                               31. FA-603-2008.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                               FIRST APPEAL NO. 603 OF 2008

                      The State Of Maharashtra,
                      Through The Special Land Acquisition Officer                 ….Appellant

                                  Versus

                      Kana Bhurya Gavand & Ors.                        .…Respondents
                      __________________________________________________________________

                      Mr. A. R. Patil, Additional G. P. for the Appellant-State.
                      Ms. Deepa S. Punde i/by Mr. Sachin Punde for Respondent Nos. 1, 2, 4 to 6.
                      __________________________________________________________________

                                                          CORAM : JITENDRA JAIN, J.
                                                          DATED : 06th AUGUST 2026

                      P. C. :

                      1.        The amount involved in the State’s appeal is only Rs.1,57,494/-.
                      Therefore, appeal is dismissed on the ground of quantum.

                      2.        Appeal is dismissed.

                      3.        Merits are kept open.

                      4.        The claimants would be discharged of their obligations under the
                      bank guarantee.

                      5.        This order will not be cited as precedent, since the Court has not
                      gone into the merits of the case.



                                                                           [ JITENDRA JAIN, J. ]



Signed by: Sayyed Saeed Ali
                                                           1 of 1
Designation: PA To Honourable Judge
Date: 06/08/2026 16:42:51

Continue reading with your account

Checking your session…