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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR RAIGAD AND ANRversusCHANGU KANA THAKUR SINCE DECEASED

Decided
Disposal
Allowed

Holding

The Court held that the delay may be condoned and the first appeal restored, provided the private paper‑book is filed within the stipulated two‑week period.

Summary

The State of Maharashtra, through the Collector of Raigad, filed an interim application seeking restoration of a first appeal that had been dismissed because the State failed to file the required private paper‑book within the time prescribed by the order dated 27‑08‑2018. The State argued that the paper‑book was now ready and requested condonation of the delay in moving the restoration application. The learned Additional Government Pleader for the State submitted the necessary documents and urged the Court to permit the appeal to be reinstated. The Court, after considering the application, allowed it, condoned the delay, and ordered that the first appeal be restored, subject to the private paper‑book being placed on record within two weeks. The interim application was thereafter disposed of.

Issues considered

  • Whether the delay in filing the private paper‑book can be condoned and the first appeal restored.

Subjects

  • restoration of appeal
  • condonation of delay
  • private paper‑book
  • civil appellate jurisdiction
  • High Court of Bombay

Judgment

                                                                                                   32_IA6351_26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                               INTERIM APPLICATION NO.6351 OF 2026
                                                               IN
                                                   FIRST APPEAL NO.1016 OF 2018

                               State of Maharashtra through Collector Raigad
                               and another                                                   …   Applicants
                               Vs.
                               Changu Kana Thakur (since deceased) through
                               legal heirs                                                   …   Respondents

                               Mr. A. R. Patil, Additional GP for Applicants / Appellants.
                               Ms. Deepa S. Punde i/b. Mr. Sachin Punde for Respondents.


                                                             CORAM : MANISH PITALE &
                                                                     SHREERAM V. SHIRSAT, JJ.
                                                             DATE       : AUGUST 19, 2026
                               P.C. :

                               .        By this application, the applicants - State (original appellants) are
                               seeking restoration of First Appeal and also condonation of delay in
                               moving the application for restoration.

                               2.       The First Appeal was dismissed on account of failure of the
                               applicants to file private paper-book within the period specified in the
                               order dated 27.08.2018.

                               3.       The learned AGP appearing on behalf of the applicants - State
                               submits that the paper-book is ready and this Court may consider
                               restoring the First Appeal.

                               4.       For the reasons stated in the application, the application is
                               allowed. Consequently, delay is condoned and the First Appeal is
MINAL    Digitally signed by
         MINAL SANDIP
SANDIP   PARAB

PARAB
         Date: 2026.08.19
         18:33:43 +0530
                               restored to file. This shall be subject to private paper-book being placed


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                                                             32_IA6351_26.doc



on record within two weeks from today.

5.      The interim application is disposed of.




(SHREERAM V. SHIRSAT, J.)                         (MANISH PITALE, J.)




Minal Parab




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