Bombay High Court

STATE OF MAHARASHTRA THROUGH THE COLLECTORversusNILESH KAUTIK SHIRSAT

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The Court condoned the delay in filing the appeal and granted the interim relief subject to the appellant depositing the decretal amount with interest within the stipulated time.

Summary

The State of Maharashtra, represented by the Collector, filed an appeal against a decree rendered in favor of Nilesh Kautik Shirsat. The appellant sought condonation of delay in filing the appeal and also applied for interim relief pending the final determination. The Court, after considering the reasons provided, condoned the delay and allowed the interim application, directing the appellant to deposit the decretal amount with interest within eight weeks. The Court also ordered that the paper book be filed within one year. Both applications were subsequently disposed of as per the Court's orders.

Issues considered

Whether the delay in filing the appeal can be condoned under the applicable procedural law
Whether interim relief can be granted pending the final disposal of the appeal

Subjects

condonation of delay
interim relief
appeal
decretal amount
interest
reference court

Judgment

                                                                            87-IA-12244-2024.doc


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

                                 INTERIM APPLICATION NO. 12244 OF 2024
SAYALI
DEEPAK                                                 IN
UPASANI                           FIRST APPEAL (ST) NO. 32628 OF 2022
Digitally signed by
SAYALI DEEPAK                                   WITH
UPASANI
Date: 2026.09.02                 INTERIM APPLICATION NO. 12245 OF 2024
11:29:03 +0530



                      The State Of Maharashtra Through The
                      Collector                                        … Applicant
                                 V/s.
                      Nilesh Kautik Shirsat                            … Respondent


                      Mr. A. R. Patil, Additional GP, for Appellant.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : SEPTEMBER 1, 2026
                      P.C.:

                      INTERIM APPLICATION NO. 12244 OF 2024

                      1.       For the reasons stated in the paragraph nos. 3 to 5, the
                      delay in filing appeal is condoned.

                      2.       The application is allowed in terms of prayer clause ‘b’.

                      3.       The application stands disposed off.

                               FIRST APPEAL (ST) NO. 32628 OF 2022

                      4.       Admit.

                      5.       Paper book is to be filed within one year.



                                                       1
                                                   87-IA-12244-2024.doc


        INTERIM APPLICATION NO. 12245 OF 2024

6.      For the reasons stated therein, the interim application is
allowed. There shall be interim relief in terms of prayer clause
(b), 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.

7.      The interim application stands disposed of.



                                          (AMIT BORKAR, J.)




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