Jayesh Jaysing Deshmukh (Deceased) Deleted and Ors. vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Jayesh Jaysing Deshmukh (Deceased) Deleted and Ors. vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay in filing the Interim Applications; setting aside of the order dated 24th January 2019; restoration of First Appeal No. 38 of 2013 and First Appeal No. 1094 of 2013 to file, subject to payment of costs of Rs.5,000/- in each matter to the High Court Employees Medical Welfare Fund at Mumbai within a period of two weeks; the First Appeals to be listed on 20th January 2026 (para 10).

Issue for consideration

Whether the delay in filing Interim Application No. 4014 of 2025 (in First Appeal No. 38 of 2013) and Interim Application No. 12804 of 2025 (in First Appeal No. 1094 of 2013) should be condoned. +1 more

Court's answer

Having heard learned counsel and considered the submissions, the Court took the view that the Interim Applications be allowed, subject to payment of costs.

Ratio / Principle

Subject to payment of costs of Rs.5,000/- in each matter to the High Court Employees Medical Welfare Fund at Mumbai within a period of two weeks, the two Interim Applications are allowed and the First Appeals are restored to file (i.e., the delay is condoned and the dismissal order of 24 January 2019 is set aside).

Key takeaways

The Interim Applications accordingly stand allowed in terms of prayer clauses (a) and (b).ratio¶para 9

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Abhay Ahuya, J.; judgment dated 10 November 2025): Two companion Interim Applications — No. 4014 of 2025 in First Appeal No. 38 of 2013 (Jayesh Jaysing Deshmukh (deceased) deleted & Ors. v. State of Maharashtra & Anr.) and No. 12804 of 2025 in First Appeal No. 1094 of 2013 (Smt. Shakuntala Arjunrao Pawar v. State of Maharashtra through Special Land Acquisition Officer & Anr.) — sought condonation of delay and setting aside of the order dated 24 January 2019 dismissing the First Appeals, with restoration. The dismissal, per the Applicants' submissions, occurred because the private paper-books could not be filed within the time granted, the error lying with the registered clerk and the Advocate. Allowing the applications, the Court restored both First Appeals to file, subject to payment of costs of Rs.5,000/- in each matter to the High Court Employees Medical Welfare Fund, Mumbai, within two weeks, and directed listing of the appeals on 20 January 2026. No precedent was cited or decided; counsel's plea that litigants should not suffer for counsel's/clerk's inadvertence was recorded as submission, not as this Court's articulated ratio.

9-10 IA 4014 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 4014 OF 2025

VAISHALI ANIL TIKAM

Digitally signed by VAISHALI ANIL TIKAM Date: 2025.11.11 18:34:16 +0530

IN

FIRST APPEAL NO. 38 OF 2013

Jayesh Jaysing Deshmukh (deceased) deleted and Ors.

...Applicants Appellants

V/s.

State of Maharashtra and Anr. ...Respondents

WITH

INTERIM APPLICATION NO. 12804 OF 2025 IN

FIRST APPEAL NO. 1094 OF 2013

Smt. Shakuntala Arjunrao Pawar ...Applicant/ Appellant

V/s.

State of Maharashtra through Special Land Acquisition Officer and Anr.

...Respondents

Ms.Rukmini Khairnar i/b. Pramod Joshi, for the Applicants/Appellants. Ms. Shilpa G. Talhar, AGP for State.

CORAM : ABHAY AHUJA, J. DATE : 10th NOVEMBER, 2025

P.C. :

By these two Interim Applications, the Applicants are seeking

condonation of delay in filing the said applications and thereafter

Tikam 1/3

9-10 IA 4014 of 2025.doc

setting aside of the order dated 24^th January 2019 and restoration of the First Appeals.

Ms. Khairnar, learned Counsel, appears for the Applicants and submits that since private paper-book could not be filed within the time granted by the Court, the First Appeals came to be dismisses. It is submitted that the error had been on the part of the registered clerk as well as Advocate.

Ms. Khairnar submits that it is a well settled principle of law that the parties should not suffer due to mistake or inadvertence of their Advocates/clerks, particularly, when there is no deliberate intention to delay the proceedings.

Ms. Khairnar refers to and relies upon paragraphs 3 to 5 of the applications and submits that the Appeals be restored to file and some time be granted as prayed for to furnish the paper-book.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that the applications be allowed, subject to payment of costs.

Accordingly, subject to payment of costs of Rs.5,000/- in each matter to the High Court Employees Medical Welfare Fund at Mumbai, within a period of two weeks, the two Interim Applications are allowed and the First Appeals are restored to file.

Tikam 2/3

9-10 IA 4014 of 2025.doc

The Interim Applications accordingly stand allowed in terms of prayer clauses (a) and (b) and disposed as above.

Subject to the above, list the First Appeals on 20^th January 2026.

(ABHAY AHUJA, J.)

Tikam 3/3