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Bombay High Court

EXECUTIVE ENGINEER, NANDUR MADHYAMESHWAR PROJECT, DIVISION NASHIK.versusRAJARAM GANGADHAR SHELAR AND ORS.

Decided
Disposal
Disposed Off

Holding

The court held that the interim application is allowed in terms of prayer clauses b and c.

Summary

The appellants, Sayali and others, filed an interim application before the High Court of Bombay seeking relief against respondent Upasani. The application pleaded specific prayers, identified as clauses b and c, which the court examined. After considering the submissions of counsel for both parties, the court found merit in the relief sought. Accordingly, the court allowed the interim application in terms of the mentioned prayer clauses and ordered its disposal. Additionally, the court directed that notice be issued to the proposed legal representatives of respondent No. 3, with a return date of 13 October 2026.

Issues considered

  • Whether the interim application filed by the appellants should be allowed in terms of prayer clauses b and c

Subjects

  • interim application
  • civil appellate jurisdiction
  • notice
  • disposal

Judgment

                                                                              84-IA-19359-2022.doc


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

                                    INTERIM APPLICATION NO. 19359 OF 2022
SAYALI                Executive Engineer, Nandur
DEEPAK                Madhyameshwar Project,
UPASANI               Division Nashik.                               … Appellants
Digitally signed by
SAYALI DEEPAK                    V/s.
UPASANI
Date: 2026.08.19      Hiraji Gangaram Gharat                         … Respondent
11:23:22 +0530

                                                         IN
                                       FIRST APPEAL (ST) NO. 8746 OF 2021


                      Mr. Vikas M. with Chaitrali Deshmukh, for Appellant.
                      Mr. Sarfaraj J. Shaikh i/b Sachin S. Gite, for
                      Respondent.
                      Mr.A. R. Patil, Additional GP for State.


                                                    CORAM       : AMIT BORKAR, J.

                                                    DATED       : AUGUST 18, 2026
                      P.C.:
                                    INTERIM APPLICATION NO. 19359 OF 2022

                      1.       For the reasons stated in the application, the same is allowed
                      in terms of prayer clauses ‘b’ and ‘c’.

                      2.       The application is allowed and disposed of.

                                          FIRST APPEAL (ST) NO. 8746 OF 2021

                      3.       Issue notice to the proposed legal representatives of
                      respondent no. 3, returnable on 13th October, 2026.


                                                                     (AMIT BORKAR, J.)



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