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Bombay High Court

EXECUTIVE ENGINEER, NANDUR MADHYAMESHWAR PROJECT, DIVISION, NASHIKversusSHIVRAM PANDU WAGH AND ORS.

Decided
Disposal
Disposed Off

Holding

The court condoned the delay, granted interim relief subject to deposit of the decretal amount, and ordered filing of a paper book within one year.

Summary

The Executive Engineer (appellant) filed an appeal against Shivram Pandu Wagh and others (respondents) after a delay of 2 years and 333 days. The court examined whether such delay could be condoned and allowed the appeal to proceed. It also considered the appellant's request for interim relief, conditioning it on the deposit of the decretal amount with interest within eight weeks. The court ordered that a paper book be filed within one year. Both the main application and the interim application were allowed and disposed of, with the interim relief subject to the stipulated deposit condition.

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 appellant depositing the decretal amount with interest.
  • Whether the appellant must file a paper book within a specified time.

Subjects

  • civil appeal
  • condonation of delay
  • interim relief
  • paper book filing
  • decretal amount

Judgment

                                                                               67-FA(ST)-92397-2020.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. 92397 OF 2020

                              Executive      Engineer,    Nandur
                              Madhyameshwar     Project, Division,
                              Nashik                                       … Appellant
                                        V/s.
                              Shivram Pandu Wagh And Ors                   … Respondents

                                                            WITH
                                         INTERIM APPLICATION NO. 2628 OF 2021
                                                            WITH
                                        INTERIM APPLICATION NO. 2630 OF 2021



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


                                                          CORAM      : AMIT BORKAR, J.

                                                          DATED      : SEPTEMBER 1, 2026
                              P.C.:

                                         INTERIM APPLICATION NO. 2628 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.




                                                               1
                                               67-FA(ST)-92397-2020.doc


2.      The application is allowed and disposed of.

                 FIRST APPEAL (ST) NO. 92397 OF 2020

3.      Admit.

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

         INTERIM APPLICATION NO. 2630 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.)




                               2


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