Bombay High Court

DINANATH MUKUND SHINDEversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY

Decided: 8 January 2026
Disposal: Disposed Off
Bench: S R AGRAWAL REGISTRAR JUDL II

Holding

The stay application cannot be entertained because the First Appeal had already been dismissed for non‑compliance with the conditional order.

Summary

The Registrar (Judicial-II) noted that a conditional order dated 19 September 2025 had dismissed an earlier interim application (No. 9894 of 2025) seeking condonation of delay in First Appeal (Stamp) No. 1970 of 2025. Consequently, the First Appeal was rejected for failure to comply with that conditional order. An additional interim application (No. 9896 of 2025) requesting a stay of the rejection was filed. The Court held that, since the original appeal had already been dismissed for non‑compliance, the stay application could not survive. Accordingly, the stay application was disposed of. The order was signed by the Registrar (Judicial‑II) on 8 January 2026.

Issues considered

Whether the stay application (Interim Application No. 9896 of 2025) should be entertained after the First Appeal was rejected for non‑compliance with the conditional order.

Subjects

procedural law
condonation of delay
stay order
non‑compliance
appeal rejection

Judgment

                              FARAD CONTINUATION SHEET NO.
                         THE HIGH COURT OF JUDICATURE AT BOMBAY                                           31
                               CIVIL APPELLATE JURISDICTION

                          INTERIM APPLICATION NO. 9896 OF 2025
                                                      IN
                          FIRST APPEAL (STAMP) NO. 1970 OF 2025
---------------------------------------------------------------------------------------------------------------
  Office Notes, Office Memoranda of Coram,                              Court’s or Judge’s order
appearance, Court’s Orders or directions and
           Registrar’s orders
---------------------------------------------------------------------------------------------------------------

             CORAM : SHRI. S.R.AGRAWAL
                    REGISTRAR (JUDL -II)

             DATE        : 08/01/2026

None Present

         As per Registrar (Judicial-II) Court’s conditional
Order dated 19.09.2025 passed in Interim Application
No.9894 of 2025 filed for condonation of delay in First
Appeal (Stamp) No. 1970 of 2025, the said Interim
Application for condonation of delay stands dismissed.
Therefore, First Appeal (Stamp) No. 1970 of 2025 is
given rejection registered number for non-compliance
of conditional order. In view of the above, this Interim
Application No. 9896 of 2025 filed for grant of stay does
not survive and it is accordingly disposed of.



                                         Sd/-
                                   REGISTRAR (JUDL-II)


sat-R(J-II)-08.01.2026

Continue reading with your account

Checking your session…