Bombay High Court

MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGINEERversusBALKRISHNA HARI UBHE AND ORS.

Decided: 6 October 2026
Disposal: Allowed

Holding

The court condoned the 760‑day delay in filing the appeal, disposed of the interim applications, and directed the appellant to file a paper book within a year.

Summary

The appeal arises from a decree where the claimants had withdrawn the decretal amount with interest. The appellant sought condonation of a 760‑day delay in filing the first appeal and also sought interim relief concerning the deposited amount. The court, after considering the reasons set out in the interim application, condoned the delay and disposed of the interim applications. It ordered the appellant to file a paper book within one year. No substantive merits of the decree were addressed. The orders were pronounced by Justice Amit Borkar.

Issues considered

Whether a delay of 760 days in filing a first appeal can be condoned under the applicable procedural law?
Whether interim relief can be granted when the decretal amount with interest has already been deposited and withdrawn by the claimants?

Subjects

condonation of delay
interim relief
paper book
civil appellate jurisdiction
High Court of Bombay
procedural law

Judgment

                                                                             54-fast30115-2025++.doc


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

                                    FIRST APPEAL (ST.) NO. 30115 OF 2025
                                                   WITH
                                   INTERIM APPLICATION NO.11662 OF 2025
                                                   WITH
                                   INTERIM APPLICATION NO.11663 OF 2025

                      Maharashtra Krishna Valley
                      Development Corporation, through
                      it’s Executive Engineer                          … Appellant
ATUL
GANESH                             V/s.
KULKARNI              Balkrishna Hari Ubhe & Others                    … Respondents
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.10.06
17:12:53 +0530

                      Mr. Shivkumar Jangwad with Mr. Pushkar Nikam i/by
                      Mr. Nitin Gaware Patil for the Appellant/Applicant.
                      Mr. A.R. Patil, Additional G.P. for the State.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : OCTOBER 6, 2026
                      P.C.:
                      Interim Application No.11662 of 2025:

                      1.      For the reasons set out in paragraphs 5 and 6 of the interim
                      application, the delay of 760 days’ caused in filing the first appeal
                      stands condoned.

                      2.      The interim application stands disposed off.

                      First Appeal (St.) No.30115 of 2025:

                      3.      Admit.

                      4.      Appellant to file paper book within one year from today.



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                                                     54-fast30115-2025++.doc


Interim Application No.11663 of 2025:

5.    Since entire decretal amount along with interest has already
been deposited, and withdrawn by the Claimants, there shall be
interim relief in terms of prayer clause (b).

6.    The interim application stands disposed off.


                                                (AMIT BORKAR, J.)




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