Bombay High Court

THE EXECUTIVE ENGINEER, GUNJAWANI PROJECTversusPARBATI GANPATI KOKATE SINCE DECEASED THR. LRS. RAGHUNATH PARBATI KOKATE AND ORS.

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The interim application is disposed of as the decretal amount and interest have been deposited and the claimants have withdrawn the claim.

Summary

The case is a first appeal (No.267 of 2023) filed by the Executive Engineer of the Gunjawani Project against the estate of the deceased Parbati Ganpati Kokate. The appellant sought relief concerning a decretal amount that had been deposited with the reference court. The respondents had withdrawn the claim for the amount along with interest. The High Court, after admitting the appeal, directed the appellant to file a paper‑book within one year. It also disposed of the interim application, noting that the entire decretal amount and interest had already been deposited and the claimants had withdrawn their claim, thereby granting the interim relief sought in prayer clause (b).

Issues considered

Whether the interim application for relief should be entertained when the decretal amount and interest have already been deposited and the claimants have withdrawn the claim

Subjects

civil appeal
interim relief
decretal amount
paper‑book filing
High Court of Bombay

Judgment

                                                                           46-fa267-2023.doc


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

                                     FIRST APPEAL NO. 267 OF 2023
                                                WITH
ATUL                             INTERIM APPLICATION NO.3913 OF 2023
GANESH
KULKARNI
                   The Executive Engineer,
Digitally signed
by ATUL GANESH
KULKARNI
                   Gunjawani Project                            … Appellant
Date: 2026.09.22
17:23:40 +0530
                              V/s.
                   Parbati Ganpati Kokate, since deceased
                   through LRs Raghunath Parbati Kokate
                   & Others                                     … Respondents



                   Mr. Vikas More with Ms. Chaitrali Deshmukh for the
                   appellant/applicant.
                   Ms. Amrita Kharkar with Ms. Sayalee Bhosale and Ms.
                   Hrucha Joshi i/by P.H. Potnis for Respondent No.1.-
                   Claimant.
                   Mr. A.R. Patil, Additional G.P. for Respondent Nos.2 and
                   3-State.


                                                CORAM     : AMIT BORKAR, J.

                                                DATED     : SEPTEMBER 22, 2026
                   P.C.:
                   First Appeal No.267 of 2023:

                   1.      Admit.

                   2.      Appellant to file paper-book within one year from today.

                   Interim Application No.3913 of 2023:

                   3.      Since entire decretal amount along with interest has already
                   been deposited with the Reference Court and the claimants have



                                                      1
                                                     46-fa267-2023.doc


withdrawn the same, there shall be interim relief in terms of
prayer clause (b).

4.    The interim application stands disposed off.


                                            (AMIT BORKAR, J.)




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