Bombay High Court

THE EXECUTIVE ENGINEER AND ANR.versusMR. RANGANATH PUNJAJI LINGAYAT SINCE DECEASED THR. LRS. SANJAY RANGANATH LINGAYAT AND ORS.

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The court condoned the delay, ordered filing of the paper book within a year, granted ad‑interim relief, and allowed the interim applications.

Summary

The appellant, an Executive Engineer, filed a first appeal (ST) No. 26577 of 2019 against respondents including Pathan and others. The appellant sought condonation of delay in filing the appeal, an order for filing the paper book within a year, and ad‑interim relief after depositing the decretal amount with interest. The court examined the reasons provided for the delay and the status of the deposited amount. It condoned the delay, directed that the paper book be filed within one year, and granted the ad‑interim relief sought. All three interim applications were allowed and disposed of, and the appeal was admitted for further proceedings.

Issues considered

Whether the delay in filing the appeal can be condoned.
Whether the court can direct filing of the paper book within a specified period.
Whether ad‑interim relief is appropriate after deposit of the decretal amount with interest.
Whether the interim applications should be allowed and disposed of.

Subjects

condonation of delay
interim relief
paper book filing
decretal amount
civil appeal
procedural order

Judgment

                                                                 69-fa-st-26577-2019 with connected.doc


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

                                         FIRST APPEAL (ST) NO. 26577 OF 2019

SHABNOOR
                      The Executive Engineer And Anr.               … Appellant
AYUB                              V/s.
PATHAN
                      Mr. Ranganath Punjaji
Digitally signed by
SHABNOOR AYUB
PATHAN
                      Lingayat Since Deceased Thr.
Date: 2026.08.25
16:19:01 +0530
                      Lrs. Sanjay Ranganath
                      Lingayat And Ors.                             … Respondents

                                                     WITH
                                     INTERIM APPLICATION NO. 1092 OF 2019
                                                     WITH
                                      INTERIM APPLICATION NO. 549 OF 2020
                                                     WITH
                                     INTERIM APPLICATION NO. 1093 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. 1092 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.

                      2.      The application is allowed and disposed of.

                                         FIRST APPEAL (ST) NO. 26577 OF 2019

                      3.      Admit.



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                                         69-fa-st-26577-2019 with connected.doc


4.    The paper book shall be filed within a period of one year
from today.
              INTERIM APPLICATION NO. 1093 OF 2019


5.    Since the entire decretal amount along with interest has
been deposited and part of the amount has already 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.

              INTERIM APPLICATION NO. 549 OF 2020

7.    For the reasons stated in the application, the same is
allowed.

8.    The Interim Application stands disposed of.


                                             (AMIT BORKAR, J.)




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