Bombay High Court

THE COMMISSIONER, BHIWANDI NIZAMPUR CITY MUNICIPAL CORPORATIONversusMAINA KUNDANMAL TANWAR AND ORS.

Decided: 2 September 2026
Disposal: Disposed Off

Holding

A stay application cannot survive when the principal appeal has been rejected, and must be dismissed.

Summary

The appellant filed First Appeal (ST) No. 28770 of 2019. An earlier interim application (No. 2482 of 2019) seeking condonation of delay in the appeal was dismissed, resulting in the appeal being entered in the Rejection Register. On that basis, the subsequent interim application (No. 2483 of 2019) for a stay of the proceedings was filed. The Registrar noted that because the appeal had been rejected, the stay application could not survive. Accordingly, the Registrar ordered the dismissal of the stay application.

Issues considered

Whether an interim application for a stay can be entertained after the principal appeal has been dismissed for lack of condonation of delay

Subjects

interim relief
condonation of delay
stay order
civil procedure
high court

Judgment

                                    FARAD CONTINUATION SHEET NO.
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY                                   10
                                    CIVIL APPELLATE JURISDICTION


                                  INTERIM APPLICATION NO. 2483 OF 2019
                                                   IN
                                    FIRST APPEAL (ST) NO. 28770 OF 2019


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  Office Notes, Office Memorand of Coram,                            Court’s or Judge’s order
appearance, Court’s Orders or directions and
           Registrar’s orders
---------------------------------------------------------------------------------------------------------------

            CORAM : DR. M.S. DESHPANDE
                   REGISTRAR (JUDL -II)

            DATE        : 02/09/2026


                   As per Registrar’s Court’s Order
dt.03/07/2026 passed in Interim Application No.
2482 of 2019 filed for Condonation of delay in
F.A.S.T. No. 28770 of 2019, the said Interim
Application stands dismissed.               First Appeal
Stamp No. 28770 of 2019 is therefore given
Rejection Register Number. Hence, this Interim
Application No. 2483 of 2019 (for Stay) does not
survive.
                                             sd/-
                               REGISTRAR (JUDL-II)

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