Bombay High Court

THE EXECUTIVE ENGINEER AND ANR.versusMR. KACHARU RAMBHAU SHIRSATH AND ORS.

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The court held that the delay in filing the appeal is condoned and interim relief is granted, conditional upon the appellant depositing the decretal amount with interest within eight weeks.

Summary

The appellant, an Executive Engineer, filed interim applications (Nos. 1084 and 1085 of 2019) seeking relief in a civil appeal against the respondents. The court examined the appellant's reasons for the delay in filing the appeal and considered whether interim relief could be granted subject to compliance with a monetary condition. It condoned the delay in filing the appeal and allowed the application under prayer clause (b) of interim application 1084. The court further ordered that the appellant deposit the full decretal amount with interest within eight weeks, otherwise the interim relief would be vacated. Additionally, the court directed that the paper book be filed within one year from the date of the order. The applications were allowed and disposed of accordingly.

Issues considered

Whether the delay in filing the appeal can be condoned under the applicable procedural rules.
Whether interim relief may be granted subject to the appellant depositing the decretal amount with interest within a stipulated period.

Subjects

interim relief
condonation of delay
civil appeal
decretal amount
interest
procedural law

Judgment

                                                                 68-fa-st-26563-2019 with connected.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL (ST) NO. 26563 OF 2019

SHABNOOR
                      The Executive Engineer And Anr.               … Appellant
AYUB                             V/s.
PATHAN
                      Mr. Kacharu Rambhau
Digitally signed by
SHABNOOR AYUB
PATHAN
                      Shirsath And Ors.                             … Respondents
Date: 2026.08.25
16:19:00 +0530

                                                   WITH
                                    INTERIM APPLICATION NO. 1085 OF 2019
                                                   WITH
                                    INTERIM APPLICATION NO. 1084 OF 2019


                      Ms. Chaitrali Deshmukh, for the Appellant/ Applicant.
                      Mr. A. R. Patil, Addl. GP, for the State – Respondent.


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : AUGUST 25, 2026
                      P.C.:
                                    INTERIM APPLICATION NO. 1084 OF 2019

                      1.      Considering the reasons assigned by the Appellant in the
                      application, the delay in filing the appeal is condoned. The
                      application is allowed in terms of prayer clause (b).

                      2.      The application is allowed and disposed of.

                                       FIRST APPEAL (ST) NO. 26563 OF 2019

                      3.      Admit.

                      4.      The paper book shall be filed within a period of one year
                      from today.



                                                         1
                                          68-fa-st-26563-2019 with connected.doc


              INTERIM APPLICATION NO. 1085 OF 2019

5.    Considering the reasons set out in the memorandum of
appeal, there shall be interim relief in terms of prayer clause (b),
subject to the appellant depositing the entire decretal amount
along with interest within a period of eight weeks from the date of
this order.

6.    It is made clear that in the case the appellant fails to deposit
the aforesaid amount within the stipulated period of eight weeks,
the interim relief granted herein shall stand vacated automatically.

7.    The application is allowed and disposed of.


                                              (AMIT BORKAR, J.)




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