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 held that the delay in filing the appeal is condoned and the interim applications are allowed.

Summary

The appellant, an Executive Engineer, filed an appeal beyond the prescribed period and sought condonation of delay. The appellant also applied for interim relief concerning a decretal amount with interest, and for directions to file the paper book within a year. The court examined the reasons provided by the appellant for the delay and found them satisfactory. Accordingly, the court condoned the delay in filing the appeal and allowed the interim applications. It ordered that the paper book be filed within one year from the date of the order and granted ad‑interim relief as prayed for. All the interim applications were disposed of.

Issues considered

Whether the delay in filing the appeal can be condoned under the Civil Procedure Code.
Whether ad‑interim relief regarding the decretal amount and interest can be granted.
Whether the court can direct filing of the paper book within a specified period.

Subjects

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

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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