Bombay High Court

MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION THR EXECUTIVE ENGINEERversusSUMAN BABAN KHAPRE AND ORS.

Decided: 1 September 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the appeal and declined to grant a stay of execution as the award was already executed.

Summary

The Maharashtra Krishna Valley Development Corporation filed an appeal against a decree, but delayed filing beyond the prescribed period. The appellant sought condonation of the delay, while the respondents sought a stay of execution of the award. The court examined whether the delay could be condoned and whether a stay was appropriate given that the award had already been executed. It held that the delay was condoned and allowed the appellant's prayer clause ‘b’, while noting that a stay was unnecessary as execution was complete. Both interim applications were disposed of accordingly.

Issues considered

Whether the delay in filing the appeal can be condoned under the Civil Procedure Code.
Whether a stay of execution should be granted when the award has already been executed.

Subjects

appeal
condonation of delay
stay of execution
Civil Procedure Code
interim application

Judgment

                                                                         95-FA(ST)-223-2026.doc



                                                                                     Sayali


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
SAYALI
DEEPAK                              FIRST APPEAL (ST) NO. 223 OF 2026
UPASANI                                           WITH
Digitally signed by
                                  INTERIM APPLICATION NO. 1297 OF 2026
SAYALI DEEPAK
UPASANI
Date: 2026.09.02
                                                    WITH
11:29:03 +0530
                                 INTERIM APPLICATION NO.1298 OF 2026

                      Maharashtra Krishna Valley
                      Development Corporation Thr
                      Executive Engineer                            … Appellants
                                 V/s.
                      Suman Baban Khapre And Ors.                   … Respondents


                      Ms. Aparna D. Vhattkar, for Appellant.
                      Mr. A. R. Patil, Additional GP, for the Respondent
                      Nos. 3 and 4.
                      Ms. A. Kharkar with Sayalee Bhosale and Hrucha
                      Joshi i/b P. H. Potnish, for Respondent nos. 1 and 2.


                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : SEPTEMBER 1, 2026
                      P.C.
                      INTERIM APPLICATION NO. 1297 OF 2026

                      1.     For the reasons stated in the paragraph nos. 4 to 8, the
                      delay in filing appeal is condoned.

                      2.     The application is allowed in terms of prayer clause ‘b’.

                      3.     The application stands disposed off.



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                                                   95-FA(ST)-223-2026.doc


                 FIRST APPEAL (ST) NO. 223 OF 2026

4.    Admit.

5.    Paper book is to be filed within one year.

           INTERIM APPLICATION NO.1298 OF 2026

6.    Since the Award is already executed, the question of
granting stay will not arise.

7.    Hence, the application is disposed of.


                                           (AMIT BORKAR, J.)




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