Bombay High Court
MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGINEERversusNIVRUTTI LAXMAN POLEKAR AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the delay in filing the appeals is condoned and the appeals are admitted, with the appellant required to comply with the stipulated interim deposit.
Summary
The Maharashtra Krishna Valley Development Corporation, through its Executive Engineer, filed several first appeals against orders affecting its land development projects. The respondents, including private individuals, opposed the corporation's claims. The appellants sought condonation of delay for filing the appeals and also requested interim relief to deposit the decretal amount with interest. The High Court, after considering the interim applications, allowed the condonation of delay, admitted all four first appeals, and directed the appellant to file a paper book within a year. Additionally, the Court granted ad-interim relief, ordering the appellant to deposit the full decretal amount with interest within eight weeks. The applications were disposed of in favor of the appellant, subject to compliance with the deposit order.
Issues considered
- Whether the delay in filing the first appeals can be condoned under the provisions of the Civil Procedure Code.
- Whether the appellant is entitled to ad-interim relief pending the final determination of the appeals.
Subjects
- condonation of delay
- interim relief
- admission of appeal
- Civil Procedure Code
- High Court of Bombay
Judgment
32-FAst-30106-25(i).doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by SAYALI
SAYALI DEEPAK
DEEPAK UPASANI FIRST APPEAL (ST) NO. 30106 OF 2025
UPASANI Date:
2026.09.09
18:49:07 +0530 WITH
INTERIM APPLICATION NO. 11665 OF 2025
WITH
INTERIM APPLICATION NO. 11664 OF 2025
WITH
INTERIM APPLICATION NO. 161 OF 2026
Maharashtra Krishna Valley
Development Corporation Thr. Its
Executive Engineer … Appellant
V/s.
Balkrishna Hari Ubhe and Others … Respondents
AND
FIRST APPEAL (ST) NO. 30111 OF 2025
WITH
INTERIM APPLICATION NO. 11668 OF 2025
WITH
INTERIM APPLICATION NO. 11669 OF 2025
Maharashtra Krishna Valley
Development Corporation Thr. Its
Executive Engineer … Appellant
V/s.
Vasant Yadavrao Marane and Others … Respondents
AND
FIRST APPEAL (ST) NO. 30119 OF 2025
WITH
INTERIM APPLICATION NO. 11666 OF 2025
WITH
INTERIM APPLICATION NO. 11667 OF 2025
Maharashtra Krishna Valley
Development Corporation Thr. Its
Executive Engineer … Appellant
1
32-FAst-30106-25(i).doc
V/s.
Nivrutti Laxman Polekar And
Ors. … Respondents
AND
FIRST APPEAL (ST) NO. 30126 OF 2025
WITH
INTERIM APPLICATION NO. 11674 OF 2025
WITH
INTERIM APPLICATION NO. 11673 OF 2025
Maharashtra Krishna Valley
Development Corporation Thr. Its
Executive Engineer … Appellant
V/s.
Sadashiv Ganu Ubhe, deceased … Respondents
through LRs
Mr. Nitin Gaware Patil with Mr. Shivkumar J. with Ms.
Rupsee Nerlikar, for Appellant-Applicant.
Ms. Amrita Kharkar with Ms. Sayali Bhosale i/b P. H.
Potnis, for Respondent No. 1 in FAST/30111/2025 and
FAST/30106/2025.
Mr. A. R. Patil, Additonal GP for State-Respondent Nos.
2 and 3 in all matters.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 8, 2026
P.C.:
Interim Applications Nos.11664/2025, 11668/2025, 11666/2025,
& 11673/2025:
1. For the reasons stated therein, all the interim applications
seeking condonation of delay are allowed.
2. The delay caused in filing the first appeals stand condoned.
2
32-FAst-30106-25(i).doc
All four first appeals:
3. Admit.
4. Appellant to file paper book within one year from today.
Interim Applications Nos.11665/2025, 11669/2025,
11667/2025, & 11674/2025:
5. There shall be ad-interim relief in terms of prayer clause ‘b’,
subject to the Appellant depositing the entire decretal amount
along with interest with the Reference Court within a period of
eight weeks from today.
6. The Application is allowed and disposed of.
(AMIT BORKAR, J.)
3
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