Bombay High Court

THE EXECUTIVE ENGINEER, GUNJAWANI PROJECTversusRAMCHANDRA GANPAT KOKATE AND ORS.

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The Court admits the appeal, orders filing of a paper‑book within one year, and grants the interim relief sought, disposing of the interim application.

Summary

The appellant, the Executive Engineer of the Gunjawani Project, filed a first appeal (No. 273 of 2023) against a decree in favor of the respondents, Ramchandra Ganpat Kokate and others. An interim application (No. 3918 of 2023) was also filed seeking relief pending the appeal. The Court admitted the appeal and directed the appellant to file a paper‑book within one year. It observed that the entire decretal amount with interest had already been deposited with the reference court and that the claimants had withdrawn their claim. Consequently, the Court granted the interim relief sought under prayer clause (b) and disposed of the interim application. The order was pronounced by Justice Amit Borkar on 22 September 2026.

Issues considered

What interim relief, if any, should be granted pending the appeal
Whether the appeal should be admitted and procedural directions for filing the paper‑book

Subjects

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

Judgment

                                                                49-fa273-2023 with ia3918-2023.doc


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

                                     FIRST APPEAL NO. 273 OF 2023
                                                WITH
ATUL                             INTERIM APPLICATION NO.3918 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.
                   Ramchandra Ganpat Kokate & Ors.              … 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.273 of 2023:

                   1.      Admit.

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

                   Interim Application No.3918 of 2023:

                   3.      Since entire decretal amount along with interest has already
                   been deposited with the Reference Court and the claimants have
                   withdrawn the same, there shall be interim relief in terms of




                                                      1
                                           49-fa273-2023 with ia3918-2023.doc


prayer clause (b).

4.    The interim application stands disposed off.


                                            (AMIT BORKAR, J.)




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