Bombay High Court

THE EXECUTIVE ENGINEER, HETAVANE KALVA VIBHAG, RAIGADversusSHRIPAD @ SHRIDHAR PANDURANG KATKAR (DEC)THR.LRS.DRAUPADI SHRIPAT @ SHRIDHAR KATKAR AND ORS.

Decided: 1 September 2026
Disposal: Allowed

Holding

The Court condoned the delay in filing the appeal and granted the interim relief sought by the appellant.

Summary

The Executive Engineer appealed against the decree awarded to the deceased Katkar family. The appellant sought condonation of delay in filing the appeal and also filed an interim application claiming that the full decree amount with interest had already been deposited with the reference court, warranting interim relief. The Court, after considering the reasons, condoned the delay in filing the appeal and ordered that the appeal be admitted, directing the filing of a paper book within one year. The interim application was allowed, granting the relief sought. The matter was disposed of on these procedural orders pending final determination of the appeal.

Issues considered

Whether the delay in filing the appeal can be condoned under the procedural law.
Whether interim relief is warranted when the decree amount with interest has already been deposited with the reference court.

Subjects

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

Judgment

                                                        90-FA-st-33341-24+.doc


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

                  FIRST APPEAL (ST) NO. 33341 OF 2024
The Executive Engineer, Hetavane Kalva
Vibhag, Raigad                                  … Appellant
           V/s.
Shripad @ Sridhar Pandurang Katkar
(Decd) Thr. Lrs Draupadi Shripat @
Shridhar Katkar and Others                      … Respondents
                              WITH
               INTERIM APPLICATION NO. 7513 OF 2025
                              WITH
               INTERIM APPLICATION NO. 7512 OF 2025


Ms. Shakuntala Wadekar with Mr. Yogesh Thorat, for
Appellant-Applicant.
Mr.A. R. Patil, Additional GP for State- Respondents.


                              CORAM      : AMIT BORKAR, J.

                              DATED      : SEPTEMBER 1, 2026
P.C.:
               INTERIM APPLICATION NO. 7512 OF 2025

1.       For the reasons stated in paragraphs 14 to 17, delay in filing
Appeal is condoned.

2.       The application is allowed and disposed of.

                  FIRST APPEAL (ST) NO. 33341 OF 2024

3.       Admit.

4.       Paper book is to be filed within period of one year.




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                                                   90-FA-st-33341-24+.doc


            INTERIM APPLICATION NO. 7513 OF 2025

5.    The learned Advocate for the appellant/applicant states that
entire decretal amount has already been deposited along with
interest with the Reference Court. Hence, there shall be interim
relief in terms of prayer clause (b).

6.    The application is allowed and the same is disposed of.




                                            (AMIT BORKAR, J.)




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