Bombay High Court

THE EXECUTIVE ENGINEER (MORBE)versusSHRI.JANARDAN SHIVRAM PATIL / RANE AND ORS.

Decided: 11 August 2026
Disposal: Disposed Off

Holding

The court condoned the 31‑day delay in filing the appeal and dismissed the interim applications.

Summary

The Executive Engineer (Morbe) appealed against Atul Janardan Shivram Patil/Rane Ganesh & Others before the Bombay High Court. The appellant sought condonation of a 31‑day delay in filing the appeal, which the court granted. An interim application was filed claiming that the decretal amount had already been deposited with the reference court, seeking interim relief; the court dismissed this application. The court admitted the appeal and directed the appellant to file a paper book within one year. All interim applications were disposed of.

Issues considered

Whether a delay of 31 days in filing an appeal can be condoned.
Whether interim relief is warranted when the decretal amount has been deposited with the reference court.

Subjects

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

Judgment

                                                                          35-fast3008-2026 with ias.doc


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

                                     FIRST APPEAL (ST.) NO. 3008 OF 2026
                                                   WITH
                                    INTERIM APPLICATION NO.2384 OF 2026
                                                   WITH
                                    INTERIM APPLICATION NO.2382 OF 2026

                      The Executive Engineer (Morbe)                   … Appellant
                                 V/s.
ATUL
                      Janardan Shivram Patil/Rane
GANESH                & Others                                         … Respondents
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.08.11
18:37:45 +0530
                      Mr. Mayank Tripathi i/by Ms. Varsha Patil for the
                      appellant/applicant.
                      Ms. Mansi Bansode i/by Mr. Sachin Punde for the
                      respondents.
                      Mr. A.R. Patil, Additional G.P. for the State.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : AUGUST 11, 2026
                      P.C.:
                      Interim Application No.2382 of 2026:

                      1.      For the reasons stated therein, the delay of 31 days in filing
                      the appeal is condoned.

                      2.      The application stands disposed off.

                      First Appeal (St) No.3008 of 2026:

                      3.      Admit.

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



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                                                 35-fast3008-2026 with ias.doc


Interim Application No.2384 of 2026:

5.     Learned Advocate for the appellant/applicant states that
entire decretal amount has already been deposited with the
Reference Court.

6.     Hence, there shall be interim relief in terms of prayer clause
(b).

7.     The interim application stands disposed off.


                                             (AMIT BORKAR, J.)




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