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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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