Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, RAIGADversusSMT RUKMINI VITTHAL KENI

Decided: 6 October 2026
Disposal: Disposed Off

Holding

The Court held that the delay in filing the appeal could not be condoned, and the interim application and stay were dismissed.

Summary

The State of Maharashtra, represented by the Collector of Raigad, filed an appeal against an award dated 7 June 2017. The first step to file the appeal was taken only on 10 January 2022, and the appeal itself was filed on 26 June 2023, resulting in a substantial delay. The appellant sought condonation of this delay and a stay of the award. The Court examined the timeline and found no justification for the 5½‑year gap between the award and the initiation of appeal proceedings. Consequently, the Court held that the delay could not be condoned, dismissed the interim application, and ruled that the appeal and stay application could not proceed.

Issues considered

Whether the delay of over five years in filing the appeal can be condoned under civil procedure law
Whether the interim application and stay of execution should survive despite the delay

Subjects

condonation of delay
appeal filing
stay of execution
civil procedure
high court

Judgment

                                                                         87-Fast-23063-23+.doc



                                                                                   Sayali


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

SAYALI                           FIRST APPEAL (ST) NO.23063 OF 2023
DEEPAK
UPASANI                                         WITH
                               INTERIM APPLICATION NO.12963 OF 2024
Digitally signed
by SAYALI
DEEPAK
                                                WITH
UPASANI
Date: 2026.10.06
                               INTERIM APPLICATION NO.12964 OF 2024
15:48:54 +0530




                   The State of Maharashtra Thr. The
                   Collector, Raigad                            … Appellants
                               V/s.
                   Rukmini Vitthal Keni                         … Respondents

                   Mr. A. R. Patil, Additional GP for State-Appellant.
                   Mr. Sachin Punde with Ms. Deepa Punde and Mr.
                   Atharva, for Respondent.


                                               CORAM      : AMIT BORKAR, J.

                                               DATED      : OCTOBER 06, 2026

                   P.C.:
                               INTERIM APPLICATION NO.12963 OF 2024

                   1.      On perusal of the reasons assigned by the applicant, it
                   appears that the Award was passed on 07 June 2017, whereas
                   the steps to file the Appeal were taken for the first time on 10
                   January 2022 with the result there is no explanation from 07
                   June 2017 till 10 January 2022.




                                                     1
                                                  87-Fast-23063-23+.doc


2.   The Appeal is filed on 26 June 2023. Hence, delay in filing
Appeal cannot be condoned.

3.   The Application is therefore dismissed with the result that
the Appeal and Stay Application do not survive.


                                          (AMIT BORKAR, J.)




                               2

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