Extracted from the PDF above. The PDF is authoritative.
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 adn 1
907-IA-809-2026 (C).docx 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 adn 2
907-IA-809-2026 (C).docx 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.) adn 3