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: Disposed Off

Holding

Delay in filing an appeal may be condoned if sufficient cause is shown, and interim relief may be granted when the decree amount with interest is deposited.

Summary

The Executive Engineer Hetavane Kalva appealed against a decree involving Ramchandra Shivram Khedekar and others. The appellant sought condonation of delay in filing the appeal and also requested interim relief, claiming the full decree amount with interest had already been deposited with the reference court. The court, after considering the submissions, condoned the delay in filing the appeal and ordered that the paper book be filed within one year. It also granted the interim relief sought, acknowledging the deposit of the decree amount. Both interim applications were allowed and disposed of by the court.

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

Appeal
Condonation of delay
Interim relief
Decree amount
Civil Procedure Code
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.




                                     1
                                                    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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