Bombay High Court

THE COMMISSIONER, NASHIK MUNICIPAL CORPORATION, NASHIKversusSHAILA DEORAM JADHAV AND ORS

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The court allowed the interim applications, directing the appellant to deposit the decretal amount with accrued interest within twelve weeks and issuing notice for condonation of delay.

Summary

The Commissioner of Nashik Municipal Corporation appealed against Padmakar Deoram Jadhav and others. The appellant sought interim relief, including condonation of delay in filing applications and a direction for the respondent to deposit the decretal amount with interest. The High Court, after issuing notices to the respondents for condonation of delay, conditioned the interim relief on the appellant depositing the full decree amount plus accrued interest within twelve weeks. The court allowed the interim applications and disposed of them accordingly. The order was pronounced by Justice Amit Borkar on 29 September 2026.

Issues considered

Whether the delay in filing the interim applications can be condoned
Whether the appellant should be directed to deposit the decretal amount with interest as a condition for interim relief

Subjects

interim relief
condonation of delay
decretal amount
interest
municipal corporation
civil appellate jurisdiction

Judgment

                                             6-FA(ST)-25550-2026.doc


0Sayali
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

               FIRST APPEAL (ST) NO. 25550 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7291 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7496 OF 2026
                              WITH
               FIRST APPEAL (ST) NO. 25553 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7483 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7482 OF 2026
                              WITH
               FIRST APPEAL (ST) NO. 25556 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7304 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7303 OF 2026
                              WITH
               FIRST APPEAL (ST) NO. 25559 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7301 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7302 OF 2026
                              WITH
               FIRST APPEAL (ST) NO. 25562 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7300 OF 2026
                              WITH
             INTERIM APPLICATION NO. 7298 OF 2026
                              WITH
               FIRST APPEAL (ST) NO.25562 OF 2026
                              WITH
           FIRST APPEAL (ST) NO. 25458 OF 2026 (NOB)




                               1
                                                      6-FA(ST)-25550-2026.doc


The Commissioner, Nashik
Municipal Corporation, Nashik                 … Appellant
           V/s.
Padmakar Deoram Jadhav And Ors                … Respondents


Ms. Chaitrali Deshmukh, for Appellant.
Mr. A. R. Patil, Additional GP for State.
Ms. Rukmini Khairnar i/b P. N. Joshi.
Mr. Sachin Gite for Claimant.


                            CORAM       : AMIT BORKAR, J.

                            DATED       : SEPTEMBER 29, 2026
P.C.:

1.      Issue notice to the respondents in the Interim Applications
seeking condonation of delay in each matter, returnable on 15
December, 2026.

              INTERIM APPLICATION NO. 7291 OF 2026

2.      Subject to the condition that the Appellant shall, within
period of twelve weeks from today, deposit entire decretal amount
along with accrued interest with the Reference Court, there shall
be interim relief in terms of prayer clause ‘b’.

3.      The Application is allowed and disposed of.

           FIRST APPEAL (ST) NO. 25458 OF 2026 (NOB)
                                WITH
        INTERIM APPLICATION (ST) NO.25460 OF 2026 (NOB)
                                WITH
        INTERIM APPLICATION (ST) NO.25459 OF 2026 (NOB)




                                   2
                                                    6-FA(ST)-25550-2026.doc


4.    Not on Board. Upon mentioning taken on Board.

5.    Issue notice to the respondents in the Interim applications
seeking condonation of delay in each matter, returnable on 15
December, 2026.

               INTERIM APPLICATION NO. 7300 OF 2026

6.    Subject to the condition that the Appellant shall, within
period of twelve weeks from today, deposit entire decretal amount
along with accrued interest with the Reference Court, there shall
be interim relief in terms of prayer clause ‘b’.

7.    The Application is allowed and disposed of.


                                               (AMIT BORKAR, J.)




                                   3

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