Bombay High Court

ANNASO SHANKARRAO YADAVversusShri Shetkari Taluka Sahakari Kharedi Vikri Sanstha Maryadit

Disposal: Allowed

Holding

The court restored the Second Appeal and allowed the applicant two weeks to file the paper book, setting a date for final hearing.

Summary

The applicant filed an interim application seeking restoration of a Second Appeal that had been inadvertently disposed of due to a typographical error in the court's order granting only three days instead of the two weeks requested for filing a paper book. The applicant argued that the mistake was inadvertent, that he is a poor litigant, and that the paper book is now ready for filing within a week. The respondent opposed the application. The court, after hearing both sides, held that equity demanded relief and allowed the interim application, restoring the appeal and permitting the paper book to be filed within two weeks. The restored appeal is scheduled for final hearing on 16 October 2026.

Issues considered

Whether a court may restore a disposed appeal when the disposal resulted from a typographical error in granting time for filing a paper book.

Subjects

interim application
restoration of appeal
procedural error
paper book
civil appellate jurisdiction
court discretion

Judgment

                                                     907-IA-809-2026 (C).docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION


             INTERIM APPLICATION NO. 809 OF 2026
                             IN
                 SECOND APPEAL NO. 42 OF 2006
Annaso Shankarrao Yadav                … Applicant
            V/s.
Shri Shetkari Taluka Sahakari Kharedi
Vikri Sanstha Maryadit                 … Respondent
Mr. Satyajeet Rajeshirke (Through VC) a/w. Mr. Sumit
S. Dhanwade, Advocate for the Applicant.
Mr. P. D. Dalvi a/w. Mr. Tejas Shelake a/w. Ms. Sonal S.
Nalawade, Advocate for respondent nos. 1 & 2.


                              CORAM      : RAJESH S. PATIL, J.


                              DATED      : SEPTEMBER 11, 2026
P.C.:


1.      This Interim Application is filed for restoration of the Second

Appeal, which was disposed of pursuant to the conditional order

dated 10 April 2026.


2.      On behalf of the applicant, it is submitted that on 13 March

2026, this Court had granted time for preparation and filing of the

private paper book.


3.      Thereafter, on 10 April 2026, the learned counsel for the

applicant pointed out that inspection had been sought for taking



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steps for collecting the necessary documents required for

preparation of the paper book. Accordingly, the applicant applied

for certified copies of the entire record and proceedings and

deposited the requisite charges.


4.      It is further stated that on 10 April 2026, the learned counsel

for the applicant applied for two weeks’ time in order to complete

the work of paper book. However, inadvertently, in the order dated

10 April 2026, three days’ time was granted. The learned Advocate

for the applicant did not realise the said typographical error in the

order dated 10 April 2026, as the matter was adjourned to 30 April

2026.


5.      The learned counsel for the applicant realised this mistake

only after 30 April 2026, as the matter was thereafter shown under

the caption “For Disposal” and stood disposed of. Hence,

immediately, the present Interim Application was filed on 15 June

2026, after taking instructions from the applicant.


6.      It is submitted that due to inadvertent mistake, the applicant

a poor litigant should not suffer.


7.      The learned Advocate for the applicant submits that the

paper book is now ready and the same can be filed in the Registry



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within a period of one week.


8.    Mr. Dalvi, learned counsel appearing for the respondent, has

strongly opposed the present Interim Application on instructions of

his client.


9.    Having heard the learned counsel for both the parties and

having perused the contents of the Interim Application, in my view,

a case is made out for allowing the present Interim Application.


10.   The Interim Application stands allowed in terms of prayer

clauses (A), (B) and (C).


11.   The applicants are permitted to file the paper book within a

period of two weeks from today and a copy thereof shall be

furnished to the other side. As soon as the paper book is filed,

since this Second Appeal is of the year 2006, the same shall be

taken up for final hearing on 16 October 2026.




                                             (RAJESH S. PATIL, J.)




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