Bombay High Court

STATE OF MAHARASHTRA THROUGH DEPUTY COLLECTORversusSHRI. VINAYAK MOTIRAM DHABDE DECEASED

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The court condoned the delay in filing the appeal and granted interim relief subject to the appellant depositing the decretal amount with interest within eight weeks.

Summary

The State of Maharashtra, represented by Deputy Collector, filed an appeal against the deceased Vinayak Motiram Dhabde. The appellant submitted an affidavit of service dated 6 October 2025 and no respondent appeared. The court considered the delay in filing the appeal and, for the reasons stated in the application, condoned the delay. An interim application seeking relief was also filed, and the court granted the relief subject to the condition that the appellant deposit the full decretal amount with interest within eight weeks. The court ordered that the interim application stand disposed, and the appellant must comply with the deposit condition. No substantive merits of the original dispute were addressed in this interim order.

Issues considered

Whether the delay in filing the appeal can be condoned
Whether interim relief can be granted pending the deposit of the decretal amount

Subjects

condonation of delay
interim relief
decretal amount
civil appeal
procedure

Judgment

                                                                        80-FA(ST)-28045-2023.doc


                                                                                     Sayali


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                    FIRST APPEAL (ST) NO.28045 OF 2023
SAYALI
DEEPAK                                              WITH
UPASANI                          INTERIM APPLICATION NO.14197 OF 2024
                                                    WITH
Digitally signed by
SAYALI DEEPAK
UPASANI

                                INTERIM APPLICATION NO. 14196 OF 2024
Date: 2026.09.02
11:29:03 +0530




                      The State of Maharashtra Thr. The
                      Deputy Collector                              … Appellant
                                  V/s.
                      Shri. Vinayak Motiram Dhabde
                      Deceased                                      … Respondent


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


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : SEPTEMBER 1, 2026
                      P.C.:

                           INTERIM APPLICATION NO. 14196 OF 2024

                      1.        The applicant has filed affidavit of service dated 06 th
                      October, 2025.

                      2.        None appears for the respondents.

                      3.        For the reasons stated in the application, the delay in
                      filing appeal is condoned.

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

                      5.        The application stands disposed off.



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                                                80-FA(ST)-28045-2023.doc


        FIRST APPEAL (ST) NO.28045 OF 2023

6.      Admit.

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

        INTERIM APPLICATION NO.14197 OF 2024

8.      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.

9.      The interim application stands disposed of.



                                          (AMIT BORKAR, J.)




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