Bombay High Court
THE STATE OF MAHARASHTRAversusDEVAKIBAI SHANTARAM MHATRE AND ORS.
- Decided
- Disposal
- Dismissed
Holding
The appeals of the State of Maharashtra are dismissed.
Summary
The State of Maharashtra filed several first appeals (Nos. 27‑31) challenging judgments against various respondents. The State sought condonation of delay in filing the appeals, citing reasons detailed in the applications. The High Court, after considering the applications, granted condonation of the delay. However, the Court observed that the facts of these appeals were identical to those in First Appeal No.2930 of 2007, where the State's claims had already been rejected. Relying on that precedent, the Court dismissed all the State's appeals. The judgment therefore upholds the earlier decisions and rejects the State's attempts to relitigate the matters.
Issues considered
- Whether the delay in filing the appeals can be condoned under procedural law
- Whether the State's appeals have merit given that the facts are identical to a previously decided appeal
Subjects
- delay condonation
- appeal dismissal
- civil procedure
- precedent
- identical facts
Judgment
2026:BHC-AS:26098
Sayyed Sr. Nos.27 to 31.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(27) FIRST APPEAL NO.992 OF 2006
WITH
CIVIL APPLICATION NO.3342 OF 2016
The State of Maharashtra ...Appellant/Applicant
Versus
Bama Ziparya Patil
since deceased through his legal heirs:
Bamibai Bama Patil & Ors. ...Respondents
AND
(28) FIRST APPEAL NO.997 OF 2006
The State of Maharashtra ...Appellant
Versus
Devakibai Shantaram Mhatre & Ors. ...Respondents
AND
(29) FIRST APPEAL NO.998 OF 2006
WITH
CIVIL APPLICATION NO.1153 OF 2016
The State of Maharashtra ...Appellant/Applicant
Versus
Ramchandra Dinkar Govari ...Respondent
AND
(30) FIRST APPEAL NO.999 OF 2006
WITH
CIVIL APPLICATION NO.1154 OF 2016
The State of Maharashtra ...Appellant/Applicant
Versus
Ramchandra Dinkar Govari ...Respondent
AND
(31) FIRST APPEAL NO.2062 OF 2006
The State of Maharashtra ...Appellant
1 of 2
Sayyed Sr. Nos.27 to 31.doc
Versus
Manik Kana Kawale and Parshuram
Kana Kawale Through their constituted
Attorney Abid Kurbanhusain Daruwala ...Respondent
_____________________________________________________
Mr. A. R. Patil, Addl. GP for the Appellant-State in all appeals.
Ms. Deepa S. Punde i/by Mr. Sachin S. Punde for the Respondents.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATE : 25 JUNE 2026
P.C.:
1. Delay in filing the appeals, for the reasons stated in
applications, are condoned.
2. For the detailed reasons set-out in First Appeal No.2930 of
2007, the facts being identical, the appeals of the State are dismissed.
[ JITENDRA JAIN, J. ]
Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 25/06/2026 17:06:02 2 of 2
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