Bombay High Court

SHRI. ARVIND ATMARAM GHARAT DECEASED THR. LRS. PRITAM ARVIND GHARAT AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR AND ANR.

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The Court held that the appellant must deposit the full decretal amount with accrued interest within eight weeks and allowed the interim applications, directing amendment of the cross objections.

Summary

The State of Maharashtra filed a first appeal against the legal heirs of the deceased Shri Atmaram Vitthal Gharat, seeking enforcement of a decree amount. The appellant sought interim relief and the respondents raised cross objections. The Court considered a civil application and an interim application filed by the parties. It ordered the appellant to deposit the entire decretal amount together with accrued interest within eight weeks and allowed the interim relief sought in the applications. The Court also directed that the parties amend their cross objections within four weeks, thereby disposing of the appeal.

Issues considered

Whether the appellant should be directed to deposit the decretal amount with interest pending final determination.
Whether the interim applications seeking relief are maintainable.
Whether the cross objections filed by the parties require amendment.

Subjects

decree
interim relief
civil appeal
cross objection
deposit
interest
Maharashtra

Judgment

                                                                              44-FA-1017-2022.doc


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

                                      FIRST APPEAL NO. 1017 OF 2022
SAYALI                                             WITH
DEEPAK                              CIVIL APPLICATION NO. 3531 OF 2019
UPASANI                                             IN
Digitally signed by                   FIRST APPEAL NO. 1017 OF 2022
SAYALI DEEPAK
UPASANI                                            WITH
Date: 2026.09.29                  INTERIM APPLICATION NO. 7040 OF 2026
18:52:55 +0530
                                                    IN
                                      FIRST APPEAL NO. 1017 OF 2022
                                                   WITH
                                 CROSS OBJECTION (ST) NO. 14562 OF 2023
                                                    IN
                                      FIRST APPEAL NO. 1017 OF 2022
                                                   WITH
                                 CROSS OBJECTION (ST) NO. 12845 OF 2024
                                                    IN
                                      FIRST APPEAL NO. 1017 OF 2022

                      The State Of Maharashtra
                      Through The Deputy
                      Collector                                       … Appellant
                                 V/s.
                      Shri. Atmaram Vitthal Gharat-
                      Deceased Through His Legal
                      Heirs.1) Shri.Mahadeo Atmaram
                      Gharat And Ors                                  … Respondents

                      Mr. A. R. Patil, Additional GP for Appellant.
                      Mr. Vijay Gharat with Mr. S. Gharat with Ms. Nidhi
                      Mankar, for Respondent nos. 1 to 5.
                      Ms. Harshada Shikhande i/b Saurabh Butala, for
                      Respondent in XOB.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : SEPTEMBER 29, 2026



                                                        1
                                                        44-FA-1017-2022.doc


P.C.:

                   FIRST APPEAL NO. 1017 OF 2022

1.      Admit.


2.      The paper book is to be filed within a period of one year.


                 CROSS OBJECTION (ST) NO. 14562 OF 2023

                                     WITH

                 CROSS OBJECTION (ST) NO. 12845 OF 2024

3.      Admit


                   CIVIL APPLICATION NO. 3531 OF 2019


4.      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, there shall
be interim relief in terms of prayer clause ‘b’.

5.      The Application is allowed and disposed of.

                  INTERIM APPLICATION NO. 7040 OF 2026

6.      For the reasons stated in the application, the same is allowed
in terms of prayer clauses ‘a’ to ‘c’.

7.      Necessary amendment by the state and by the Respondents
in the Cross objection shall be carried out within four weeks.


                                               (AMIT BORKAR, J.)



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