Bombay High Court

THE EXECUTIVE ENGINEER, HETAVANE KALVA VIBHAG, RAIGADversusGIRJABAI SAKHARAM BHALEKAR (DIED) AND ORS.

Decided: 6 October 2026
Disposal: Disposed Off

Holding

The court allowed the condonation of delay and granted the interim relief, disposing of both applications.

Summary

The Executive Engineer Hetavane Kalva Vibhag Karmarli appealed against a decree in a civil matter involving the estate of the late Girjabai Sakharam Bhalekar and others. During the pendency of the appeal, the appellant filed Interim Application No. 6703 seeking condonation of delay, and Interim Application No. 6704 seeking interim relief after depositing the entire decretal amount with interest. The High Court examined the reasons for the delay and the fact that the decree amount had been fully paid. It held that the condonation of delay was justified and allowed the application under prayer clause ‘b’. It also granted the interim relief sought in the second application, noting the full payment of the decree, and disposed of both applications.

Issues considered

Whether the court should condone the delay in filing the interim application.
Whether interim relief should be granted after the appellant has deposited the full decretal amount with interest.

Subjects

condonation of delay
interim relief
decretal amount
civil appellate jurisdiction
High Court of Bombay

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.



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                                                    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.)




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