Bombay High Court

STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTORversusDINKAR SAKHARAM MHATRE

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The court condoned the delay in filing the appeal and granted the interim relief sought by the appellant.

Summary

The appellant, Sayali Deepak Upasani, Deputy Collector, filed a first appeal against Dinkar Sakharam Mhatre. The appeal was initially delayed, prompting an interim application for condonation of the delay, which the court allowed. The appellant also sought interim relief, claiming that the decretal amount with interest had already been deposited, and the court granted this relief. Cross objections were filed but were admitted without further comment. The court directed that the paper book be filed within one year and disposed of the interim applications.

Issues considered

Whether the delay in filing the appeal should be condoned
Whether interim relief should be granted on the basis that the decretal amount and interest have been deposited

Subjects

appeal
condonation of delay
interim relief
decretal amount
cross objections

Judgment

                                                                      75-FA(ST)-5152-23+.doc



                                                                                  Sayali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
SAYALI
DEEPAK                             FIRST APPEAL (ST) NO. 5152 OF 2023
UPASANI
Digitally signed by
                      The State of Maharashtra Thr. The
SAYALI DEEPAK
UPASANI               Deputy Collector Raigad & Anr.              … Appellants
Date: 2026.09.02
11:29:03 +0530                   V/s.
                      Dinkar Sakharam Mhatre                      … Respondents

                                                   WITH
                               INTERIM APPLICATION NO. 12321 OF 2024
                                                   WITH
                              CROSS OBJECTIONS (ST) NO.8673 OF 2026
                                                   WITH
                              INTERIM APPLICATION NO. 12320 OF 2024



                      Mr. A. R. Patil, Additional GP for Appellant.
                      Ms. Harshada Shrikhande i/b Mr. Saurabh Butala,
                      for Respondents.


                                                 CORAM      : AMIT BORKAR, J.

                                                 DATED      : SEPTEMBER 1, 2026
                      P.C.:

                                INTERIM APPLICATION NO. 12320 OF 2024

                      1.       For the reasons stated in paragraph nos. 2 to 4, the
                      delay in filing appeal is condoned.




                                                      1
                                                  75-FA(ST)-5152-23+.doc


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

3.       The application stands disposed off.

                  FIRST APPEAL (ST) NO. 5152 OF 2023

4.       Admit.

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

              INTERIM APPLICATION NO. 12321 OF
                                                 2024

6.       The learned Advocate for the appellant/applicant states
that entire decretal amount along with interest has already been
deposited. Hence, there shall be interim relief in terms of prayer
clause (b).

7.       The interim application is allowed and stands disposed
off.

                  CROSS OBJECTIONS (ST) NO.8673
         OF 2026

8.       Admit.


                                           (AMIT BORKAR, J.)




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