Bombay High Court

THE EXECUTIVE ENGINEER AND ANR.versusSHRI. NIVRUTTI NATHU SIRSATH AND ORS.

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The court condoned the delay in filing the appeal and allowed the ad‑interim relief sought.

Summary

The appellant, Sayali Deepak, filed an appeal that was delayed, seeking condonation of the delay and ad‑interim relief concerning a decretal amount with interest that had been deposited and partially withdrawn by claimants. The court considered the appellant’s reasons for the delay and, finding them satisfactory, condoned the delay in filing the appeal. It also granted the ad‑interim relief sought, ordering that the paper book be filed within one year. Both interim applications (Nos. 1090 and 1091 of 2019) were allowed and disposed of. The judgment was delivered by Justice Amit Borkar on 18 August 2026.

Issues considered

Whether the delay in filing the appeal should be condoned
Whether ad‑interim relief should be granted concerning the decretal amount and interest

Subjects

condonation of delay
interim relief
decretal amount
interest
civil appellate jurisdiction
paper book filing

Judgment

                                                                             78-FA(ST)-26573-2019.doc


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

                                        FIRST APPEAL (ST) NO. 26573 OF 2019
SAYALI                The Executive Engineer and Anr.                … Appellants
DEEPAK                            V/s.
UPASANI               Shri. Nivrutti Nathu Sirsath and Ors.          … Respondents
Digitally signed by
SAYALI DEEPAK
UPASANI                                                 WITH
Date: 2026.08.19
11:23:22 +0530
                                     INTERIM APPLICATION NO. 1090 OF 2019
                                                        WITH
                                     INTERIM APPLICATION NO. 1091 OF 2019

                      Ms. Chaitrali Deshmukh, for Appellant-Applicant.
                      Mr. A. R. Patil, Addditional GP for State-Respondent
                      nos. 2 and 3.


                                                    CORAM      : AMIT BORKAR, J.

                                                    DATED      : AUGUST 18, 2026
                      P.C.:
                                     INTERIM APPLICATION NO. 1090 OF 2019

                      1.       Considering the reasons assigned by the Appellant in
                      paragraph nos. 5 and 6, 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. 26573 OF 2019

                      3.       Admit.

                      4.       The paper book is to be filed within a period of one year.




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                                                     78-FA(ST)-26573-2019.doc




                INTERIM APPLICATION NO. 1091 OF 2019

5.     Since the entire decretal amount along with interest has
been deposited and part of the amount has been withdrawn by the
claimants, there shall be ad-interim relief in terms of prayer clause
‘b’.

6.     The application is allowed and disposed of.




                                             (AMIT BORKAR, J.)




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