Bombay High Court
THE EXECUTIVE ENGINEER, HETAVANE KALVA VIBHAG, RAIGADversusGIRJABAI SAKHARAM BHALEKAR (DIED) AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the condonation of delay and granted interim relief because the appellant had deposited the full decretal amount with interest.
Summary
The Executive Engineer Hetavane Kalva Vibhag Karmarli appealed against a decree passed in favor of the heirs of the deceased Girjabai Sakharam Bhalekar. The appellant filed an interim application (No. 6703 of 2025) seeking condonation of delay for filing the required paper book within the stipulated one‑year period. A second interim application (No. 6704 of 2025) was filed after the appellant deposited the entire decretal amount along with interest, seeking interim relief. The Court examined whether the delay could be condoned and whether the deposit satisfied the conditions for granting interim relief. It held that the condonation of delay was permissible and, having received full payment with interest, the appellant was entitled to the interim relief sought. Both applications were allowed and disposed of by the Court.
Issues considered
- Whether the delay in filing the paper book can be condoned under the procedural rules.
- Whether the appellant is entitled to interim relief after depositing the decretal amount with interest.
Subjects
- condonation of delay
- interim relief
- decretal amount
- civil appellate jurisdiction
- paper book filing
Judgment
92-FAst-33348-24+.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SAYALI FIRST APPEAL (ST) NO.33348 OF 2024
DEEPAK
UPASANI WITH
INTERIM APPLICATION NO.6704 OF 2025
Digitally signed
by SAYALI
DEEPAK
WITH
UPASANI
Date: 2026.10.06
INTERIM APPLICATION NO.6703 OF 2025
15:48:54 +0530
The Executive Engineer Hetavane Kalva
Vibhag Karmarli … Appellants
V/s.
Girjabai Sakharam Bhalekar Deced. And
Others … Respondents
Mr. Yogesh Thorat i/b Mr. Shakuntala Wadekar, for
Appellant.
Mr. A. R. Patil, Additional GP for State-Respondent
nos. 6 and 7.
Mr. Sarvesh Deshpande i/b Vishal H. for Respondent
nos. 21, 22 and 23.
CORAM : AMIT BORKAR, J.
DATED : OCTOBER 06, 2026
P.C.:
INTERIM APPLICATION NO.6703 OF 2025
1. For the reasons stated in paragraph nos. 15 to 19, the
application for condonation of delay is allowed in terms of prayer
clause ‘b’.
2. The application is allowed and disposed of.
1
92-FAst-33348-24+.doc
FIRST APPEAL (ST) NO.33348 OF 2024
3. Admit.
4. Paper book is to be filed within period of one year.
INTERIM APPLICATION NO.6704 OF 2025
5. Since the Appellant has already deposited entire decretal
amount along with interest. Hence, there shall be interim relief,
in terms of prayer clause ‘b’.
6. The application is disposed of.
(AMIT BORKAR, J.)
2
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