Jayesh Jaysing Deshmukh (Deceased) Deleted And ORS. v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4014 OF 2025 VAISHALI ANIL TIKAM IN FIRST APPEAL NO. 38 OF 2013 Jayesh Jaysing Deshmukh (deceased) ...Applicants deleted and Ors.
Appellants by VAISHALI ANIL TIKAM Date: 2025.11.11 18:34:16 +0530 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. :
1.
By these two Interim Applications, the Applicants are seeking condonation of delay in filing the said applications and thereafter Tikam 1/3
setting aside of the order dated 24th January 2019 and restoration of the First Appeals.
2.
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.
3.
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.
4.
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. 5.
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.
8.
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.
The Interim Applications accordingly stand allowed in terms of prayer clauses (a) and (b) and disposed as above. 10.
Subject to the above, list the First Appeals on 20th January 2026. (ABHAY AHUJA, J.) Tikam 3/3