Bombay High Court

SHRI. SUDIN DATTU MHATRE DECEASED THR. SUNITA SUDIN MHATREversusTHE STATE OF MAHARASHTRA (THROUGH THE DEPUTY COLLECTOR) AND ANR.

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The court allowed the interim application, condoned the delay in filing the appeal, admitted the cross objection, and permitted amendments within four weeks.

Summary

The State of Maharashtra appealed a civil matter before the Bombay High Court, with respondents filing a cross objection. An interim application was filed and the court, after considering the pleadings, allowed the interim relief sought. The court also condoned the delay in filing the first appeal. It ordered the appellant to file a paper book within one year and admitted the cross objection. Further, the court directed that any amendments to the appeal be made within four weeks.

Issues considered

Whether the delay in filing the first appeal can be condoned
Whether the interim application seeking relief should be allowed
Whether the cross objection filed by the respondents can be admitted
Whether amendments to the appeal can be permitted within a specified time

Subjects

interim relief
condonation of delay
civil appeal
procedure
amendment of pleadings

Judgment

                                                                          60-fast16754-2019.doc


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

                                 FIRST APPEAL (ST.) NO. 16754 OF 2019
                                                 WITH
                                  CIVIL APPLICATION NO.3008 OF 2019
                                                 WITH
                                INTERIM APPLICATION NO.12992 OF 2024
                                                 WITH
                               CROSS OBJECTION (ST.) NO.33851 OF 2023


ATUL               The State of Maharashtra & Anr.               … Appellants
GANESH
KULKARNI                      V/s.
Digitally signed
by ATUL GANESH
                   Sudin Dattu Mhatre & Others                   … Respondents
KULKARNI
Date: 2026.08.27
18:09:52 +0530



                   Mr. A.R. Patil, Additional G.P. for the appellant /
                   applicant.
                   Mr. Vijay S. Gharat with Mr. Sarvesh V. Gharat and Ms.
                   Nidhi D. Mankar for respondent Nos.1 & 2.
                   Mr. Harshad Sathe for respondent Nos.3 to 5.



                                                CORAM      : AMIT BORKAR, J.

                                                DATED      : AUGUST 25, 2026
                   P.C.:
                   Civil Application No.3008 of 2019:

                   1.      For the reasons set out therein, the interim application is
                   allowed.

                   2.      The delay caused in filing the first appeal stands condoned.

                   First Appeal (St.) No.16754 of 2019:




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                                                       60-fast16754-2019.doc


3.    Admit.

4.    Appellant to file paper book within one year from today.

      Cross Objection (St.) No.14783 of 2023:

5.    Admit.

Interim Application No.12992 of 2024:

6.    Not on board. By consent, taken on board.

7.    For the reasons set out therein, the interim application is
allowed in terms of prayer clauses (a), (b) and (c).

8.    The interim application stands disposed off.

9.    Amendments to be carried out within four weeks from today.
The appellants shall also carry out the amendment in First Appeal.


                                             (AMIT BORKAR, J.)




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