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 the interim relief, subject to the appellant depositing the decretal amount with accrued interest within eight weeks.

Summary

The State of Maharashtra, represented by the Deputy Collector, filed an appeal against the deceased Shri Vinayak Motiram Dhabde. The appellant submitted an affidavit of service dated 6 October 2025 and sought condonation of delay in filing the appeal. No respondent appeared before the court. The High Court, after considering the reasons advanced, condoned the delay and allowed the interim application, granting relief under prayer clause (b) subject to the appellant depositing the full decretal amount with accrued interest within eight weeks. The court also directed that the paper book be filed within one year. Both the interim applications (14196 of 2024 and 14197 of 2024) were disposed of in favour of the appellant.

Issues considered

Whether the delay in filing the appeal can be condoned
Whether interim relief under prayer clause (b) should be granted
Whether the appellant must deposit the decretal amount with interest within a stipulated period

Subjects

condonation of delay
interim relief
civil appeal
decretal amount
interest
reference court

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
Digitally signed by
SAYALI DEEPAK
UPASANI
                                                    WITH
Date: 2026.09.02
11:29:03 +0530                  INTERIM APPLICATION NO. 14196 OF 2024

                      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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