Bombay High Court

THE EXECUTIVE ENGINEER HETAVANE KALVA VIBHAG RAIGADversusRAMCHANDRA SHIVRAM KHEDEKAR SINCE DEAD THR. LRS. 1) JANKI RAMCHANDRA KHEDEKAR AND ORS.

Decided: 1 September 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the appeal and allowed the interim applications.

Summary

The appellant, Executive Engineer Hetavane Kalva, filed a first appeal against a decree in favor of the respondents. The appellant sought condonation of delay in filing the appeal and also filed an interim application asserting that the full decree amount with interest had been deposited with the reference court, seeking interim relief. The court, after considering the submissions, condoned the delay in filing the appeal and allowed the interim applications, disposing of them. The court directed that the paper book for the appeal be filed within one year. No substantive merits of the original dispute were decided in this order.

Issues considered

Whether the delay in filing the appeal can be condoned under the Civil Procedure Code.
Whether interim relief can be granted when the decree amount with interest has been deposited with the reference court.

Subjects

condonation of delay
interim relief
decree payment
civil appeal
paper book filing

Judgment

                                                        91-FAst-33351-24+.doc


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

                  FIRST APPEAL (ST) NO. 33351 OF 2024
The Executive Engineer Hetavane Kalva
Vibhag Raigad                                   … Appellant
           V/s.
Ramchandra Shivram Khedekar Since
Deced. Thr. Lrs- Janki Ramchandra
Khedekar and Others                             … Respondents
                              WITH
               INTERIM APPLICATION NO. 3965 OF 2025
                              WITH
               INTERIM APPLICATION NO. 3966 OF 2025


Ms. Shakuntala Wadekar with Mr. Yogesh Thorat, for
Appellant-Applicant.
Mr.A. R. Patil, Additional GP for State- Respondents.


                              CORAM      : AMIT BORKAR, J.

                              DATED      : SEPTEMBER 1, 2026
P.C.:
               INTERIM APPLICATION NO. 3965 OF 2025

1.       For the reasons stated in paragraphs 15 to 19, delay in filing
Appeal is condoned.

2.       The application is allowed and disposed of.

                  FIRST APPEAL (ST) NO. 33351 OF 2024

3.       Admit.

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




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                                                    91-FAst-33351-24+.doc


            INTERIM APPLICATION NO. 3966 OF 2025

5.    The learned Advocate for the appellant/applicant states that
entire decretal amount has already been deposited along with
interest with the Reference Court. Hence, there shall be interim
relief in terms of prayer clause (b).

6.    The application is allowed and the same is disposed of.




                                            (AMIT BORKAR, J.)




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