Bombay High Court

EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, NASHIKversusPOPAT PUNJA TONGARE AND ORS.

Decided: 22 September 2026
Disposal: Allowed

Holding

The court allowed the interim application as per prayer clause (b) and condoned the delay in filing the first appeal.

Summary

The appellant, an Executive Engineer of the Irrigation Department, filed an interim application (No. 16811 of 2023) seeking relief against the respondents. The court, after considering the submissions, allowed the interim application in accordance with prayer clause (b). It also condoned the delay in filing the first appeal (St. No. 11245 of 2023) and admitted the appeal. The court directed the appellant to file a paper book within one year from the date of the order. No substantive merits of the underlying dispute were decided, as the order dealt only with procedural reliefs.

Issues considered

Whether the interim application should be granted as prayed for.
Whether the delay in filing the first appeal can be condoned.

Subjects

interim relief
condonation of delay
civil appeal
procedural order
High Court

Judgment

                                                                           55-fast-11245-2023.doc


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

                                  FIRST APPEAL (ST) NO. 11245 OF 2023
                                                 WITH
ATUL                            INTERIM APPLICATION NO. 16811 OF 2023
GANESH
KULKARNI
                   Executive Engineer, Minor
Digitally signed
by ATUL GANESH
KULKARNI
                   Irrigation Department, Nashik                  … Appellant
Date: 2026.09.22
17:23:41 +0530
                               V/s.
                   Popat Punja Tongare And Ors.                   … Respondents

                   Ms. Chaitrali Deshmukh with Mr. Vikas More for the
                   Appellant/Applicant.
                   Mr. A.R. Patil, Additional G.P. for State.


                                                 CORAM      : AMIT BORKAR, J.

                                                 DATED      : SEPTEMBER 22, 2026
                   P.C.:

                   Interim Application No. 16811 of 2023:

                   1.      For the reasons stated in paragraph 5, the interim application
                   is allowed in terms of prayer clause (b).

                   2.      The delay in filing first appeal is condoned.

                   First Appeal (St.) No. 11245 of 2023:

                   3.      Admit.

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


                                                                  (AMIT BORKAR, J.)




                                                       1

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