Bombay High Court

EXECUTIVE ENGINEER,KADWA CANAL DIVISIONversusUTTAM NIVRUTTIN PADALE (FOR SELF AND POA FOR NO.2 AND 3) AND ORS.

Decided: 25 August 2026
Disposal: Allowed

Holding

Ad‑interim relief is permissible only if the appellant deposits the full decretal amount with interest within twelve weeks.

Summary

The Executive Engineer, Kadwa Canal Division filed several first appeals (Nos. 15358, 15373, 15383, 15387) against various respondents concerning water‑canal matters. The appellants also moved four interim applications (Nos. 4405, 4409, 4549, 4533 of 2026) seeking ad‑interim relief pending the final determination of the appeals. The Court examined whether such interim relief could be granted without prejudice to the decree amount. It held that ad‑interim relief may be granted provided the appellant deposits the entire decretal amount together with interest in the reference court within twelve weeks. Accordingly, the Court allowed all four interim applications on the condition of the deposit and ordered that the appeals be listed for hearing on 1 December 2026.

Issues considered

What is the appropriate basis for granting ad‑interim relief in pending first appeals?
Whether the appellant must deposit the decretal amount with interest as a condition for such relief?

Subjects

ad‑interim relief
interim application
decretal amount
interest
civil appellate jurisdiction
listing of appeals

Judgment

                                                              40-fast15358-2026 41 42 & 43.doc


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

                                  FIRST APPEAL (ST) NO. 15358 OF 2026
                                                 WITH
                                 INTERIM APPLICATION NO. 4405 OF 2026
                                                 WITH
                                 INTERIM APPLICATION NO. 4404 OF 2026

                      Executive Engineer, Kadwa Canal
                      Division                                … Appellant
                                 V/s.
                      Vishwanath MurlidharDhokrat (For Self
                      And Poa of 2 And 3) & Ors.              … Respondents

ATUL
                                                 AND
GANESH                            FIRST APPEAL (ST) NO. 15373 OF 2026
KULKARNI
Digitally signed by
                                                 WITH
ATUL GANESH
KULKARNI
Date: 2026.08.25
                                 INTERIM APPLICATION NO. 4407 OF 2026
17:36:14 +0530
                                                 WITH
                                 INTERIM APPLICATION NO. 4409 OF 2026

                      Executive Engineer, Kadwa
                      Canal Division, Nashik                  … Appellant
                                  V/s.
                      Uttam Nivruttin Padale (For
                      Self And Poa For No.2 And 3)
                      And Ors.                                … Respondents

                                                 AND
                                  FIRST APPEAL (ST) NO. 15383 OF 2026
                                                 WITH
                                 INTERIM APPLICATION NO. 4549 OF 2026
                                                 WITH
                                 INTERIM APPLICATION NO. 4547 OF 2026

                      Executive Engineer, Kadwa
                      Canal Division, Nashik                  … Appellant
                                  V/s.
                      Gangaram Nivrutti Padade And Ors.       … Respondents



                                                     1
                                                 40-fast15358-2026 41 42 & 43.doc


                              AND
               FIRST APPEAL (ST) NO. 15387 OF 2026
                              WITH
              INTERIM APPLICATION NO. 4533 OF 2026
                              WITH
              INTERIM APPLICATION NO. 4531 OF 2026

Executive Engineer, Kadwa
Canal Division, Nashik                           … Appellant
            V/s.
Balu Ganpat Sonawane And Anr.                    … Respondents

Mr. Vikas More with Ms. Chaitrali Deshmukh for the
appellant/applicant.
Mr. A.R. Patil, Additional G.P. for the State.


                             CORAM      : AMIT BORKAR, J.

                             DATED      : AUGUST 25, 2026
P.C.:
Interim Application Nos.4405 of 2026, 4409 of 2026, 4549 of
2026, and 4533 of 2026:

1.      Considering the issue involved, there shall be ad-interim
relief in terms of prayer clause (b), subject to the appellant
depositing entire decretal amount along with interest with the
Reference Court within 12 weeks from today.

2.      Accordingly, all four interim applications are allowed.

3.      List all First Appeals on 1 December 2026.


                                                 (AMIT BORKAR, J.)




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