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Bombay High Court

EXECUTIVE ENGINEER, NANDUR MADHYAMESHWAR PROJECT, DIVISION, NASHIKversusKISAN BANDU PADEKAR AND ORS.

Decided
Disposal
Disposed Off

Holding

The court condoned the delay in filing the appeal and granted the interim relief conditionally upon deposit of the decretal amount with interest within eight weeks.

Summary

The Executive Engineer of the Nandur Madhyameshwar Project appealed against Kisan Bandu Padekar and others. The appeal was filed after a delay of 2 years and 333 days, which the court considered sufficient cause to condone the delay. Two interim applications (Nos. 2626 and 2627 of 2021) were filed. The court allowed both applications, disposing of them; for the second application it granted interim relief conditioned on the appellant depositing the full decretal amount with interest within eight weeks. The court also directed that the paper book be filed within one year. Thus, the delay was condoned and conditional interim relief was granted.

Issues considered

  • Whether a delay of 2 years 333 days in filing the appeal can be condoned.
  • Whether interim relief can be granted subject to the condition of depositing the decretal amount with interest within a specified period.

Subjects

  • delay condonation
  • interim relief
  • civil appellate jurisdiction
  • decretal amount
  • interest
  • deposit condition

Judgment

                                                                               66-FA(ST)-92380-2020.doc



                                                                                             Sayali


SAYALI
           Digitally signed
        by SAYALI
        DEEPAK
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DEEPAK UPASANI
UPASANI Date:
        2026.09.01
           19:51:14 +0530
                                              CIVIL APPELLATE JURISDICTION

                                           FIRST APPEAL (ST) NO. 92380 OF 2020

                              Executive      Engineer,      Nandur
                              Madhyameshwar      Project,  Division,
                              Nashik                                       … Appellant
                                        V/s.
                              Kisan Bandu Padekar And Ors.                 … Respondents

                                                            WITH
                                         INTERIM APPLICATION NO. 2626 OF 2021
                                                            WITH
                                        INTERIM APPLICATION NO. 2627 OF 2021


                              Ms. Chaitrali Deshmukh, for Appellant.
                              Mr. A. R. Patil, Additional GP for State-Respondent.


                                                          CORAM      : AMIT BORKAR, J.

                                                          DATED      : SEPTEMBER 1, 2026
                              P.C.:

                                         INTERIM APPLICATION NO. 2626 OF 2021
                              1.        Since the estate of claimant is sufficiently re-presented
                              by rests of the respondents, delay of 2 years 333 days in filing
                              the appeal, is condoned for the reasons stated in paragraph nos.
                              5 to 7.

                              2.        The application is allowed and disposed of.




                                                               1
                                               66-FA(ST)-92380-2020.doc


            FIRST APPEAL (ST) NO. 92380 OF 2020

3.      Admit.

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

        INTERIM APPLICATION NO. 2627 OF 2021

5.      For the reasons stated therein, the interim application is
allowed. There shall be interim relief in terms of prayer clause
(b), subject to the condition that the appellant shall, within
period of eight weeks from today, deposit entire decretal amount
along with accrued interest with the Reference Court.

6.      The interim application stands disposed of.


                                          (AMIT BORKAR, J.)




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