Bombay High Court

THE EXECUTIVE ENGINEERversusSHANTARAM SITARAM KHEDEKAR AND ORS.

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The court held that the delay in filing the appeal is condoned and the interim relief sought under prayer clause (b) is granted.

Summary

The Executive Engineer filed an appeal against the order of the lower court in which Shantaram Sitaram Khedekar and others were respondents. The appellant sought condonation of delay in filing the appeal and also requested interim relief on the basis that the decretal amount with interest had already been deposited. The court examined whether the delay could be condoned under procedural law and whether the interim relief under prayer clause (b) was warranted. It noted that the paper book must be filed within one year and that the appellant had complied with the deposit requirement. Accordingly, the court condoned the delay in filing the appeal and allowed the interim relief sought. The applications were thereafter disposed of.

Issues considered

Whether the delay in filing the appeal can be condoned under the applicable procedural provisions
Whether interim relief under prayer clause (b) is appropriate when the decretal amount with interest has been deposited
Whether the requirement to file the paper book within one year has been satisfied

Subjects

condonation of delay
interim relief
paper book filing
decretal amount
civil appellate jurisdiction

Judgment

                                                                        94-FA(ST)-1043-2025.doc



                                                                                     Sayali


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
SAYALI
DEEPAK                             FIRST APPEAL (ST) NO. 1043 OF 2025
UPASANI                                          WITH
Digitally signed by
                                  INTERIM APPLICATION NO. 840 OF 2025
SAYALI DEEPAK
UPASANI
Date: 2026.09.02
                                                    WITH
11:29:02 +0530
                                   INTERIM APPLICATION NO.839 OF 2023

                      The Executive Engineer                        … Appellants
                                 V/s.
                      Shantaram Sitaram Khedekar And Ors.           … Respondents


                      Mr. S. Wadekar and Mr. Yogesh Thorat, for
                      Appellant.
                      Mr. A. R. Patil Additional GP, for the Respondent .


                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : SEPTEMBER 1, 2026
                      P.C.
                      INTERIM APPLICATION NO.839 OF 2023

                      1.     For the reasons stated in paragraph nos. 15 to 19, the
                      delay in filing appeal is condoned.

                      2.     The application is allowed in terms of prayer clause ‘b’.

                      3.     The application stands disposed off.

                             FIRST APPEAL (ST) NO. 1043 OF 2025

                      4.     Admit.




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                                                   94-FA(ST)-1043-2025.doc


5.    Paper book is to be filed within one year.

              INTERIM APPLICATION NO. 840 OF 2025

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

7.    The interim application is allowed and stands disposed off.
e




                                           (AMIT BORKAR, J.)




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