Bombay High Court

THE EXECUTIVE ENGINEER, HATAVANE KALVA VIBHAGversusPRABHAKAR NARAYAN DHARKAR SINCE DECEASED THR.LRS. 1.1-1.2 AND ORS.

Decided: 8 September 2026
Disposal: Allowed

Holding

Both interim applications were allowed in terms of prayer clause (b) and disposed of.

Summary

The High Court of Bombay entertained two interim applications (Nos. 6857 and 6858 of 2025) filed by the appellant, Executive Engineer Shabnoor Ayub Pathan, in the civil appeal No. 25116 of 2024. The court examined the prayer clauses of each application and, finding that the conditions were satisfied, allowed both applications. In the first application, relief was granted as per prayer clause (b). In the second application, the court noted that the amount in dispute had already been deposited and subsequently withdrawn by the claimants, and therefore also allowed the relief under prayer clause (b). Both interim applications were consequently disposed of. No substantive merits of the main appeal were addressed in the order.

Issues considered

Whether the interim relief sought in application No. 6857 of 2025 should be granted under prayer clause (b).
Whether the interim relief sought in application No. 6858 of 2025 should be granted, given that the amount has been deposited and withdrawn by the claimants.

Subjects

interim application
civil appeal
procedural relief
High Court of Bombay
prayer clause

Judgment

                                                                 82-fa-st-25116-2024 with connected.doc


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

                                     FIRST APPEAL (ST) NO. 25116 OF 2024

                      The Executive Engineer,
SHABNOOR              Hatavane Kalva Vibhag                         … Appellant
AYUB
PATHAN                           V/s.
Digitally signed by   Prabhakar Narayan Dharkar
SHABNOOR AYUB
PATHAN                Since Deceased Through LRs & Ors.             … Respondents
Date: 2026.09.08
18:11:20 +0530

                                                    WITH
                                    INTERIM APPLICATION NO.6857 OF 2025
                                                    WITH
                                    INTERIM APPLICATION NO.6858 OF 2025
                                                     IN
                                     FIRST APPEAL (ST) NO. 25116 OF 2024

                      Ms. Shakuntala Wadekar, for the Appellant/Applicant.
                      Mr. A. R. Patil, Addl, GP, for the State – Respondent.
                      Ms. Deepa Punde a/w Tejas Chitale, for Sachin Punde,
                      for Respondents.


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : SEPTEMBER 8, 2026
                      P.C.:
                                    INTERIM APPLICATION NO.6857 OF 2025

                      1.      For the reasons stated in paragraphs 5 to 8 of the
                      application, the same is allowed in terms of prayer clause (b).
                      Accordingly, the application is allowed in terms of prayer clause
                      (b).

                      2.      The Interim Application stands disposed of.




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                                         82-fa-st-25116-2024 with connected.doc


          FIRST APPEAL (ST) NO. 25116 OF 2024

3.    Admit.

4.    The paper book to be filed within one year from today.

            INTERIM APPLICATION NO.6858 OF 2025

5.    Since the amount has already been deposited and the same
has been withdrawn by the claimants, the application is allowed in
terms of prayer clause (b).

6.    The Interim Application stands disposed of.


                                             (AMIT BORKAR, J.)




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