Bombay High Court

THE EXECUTIVE ENGINEER, HETAVANE KALVA VIBHAG, RAIGADversusSHAIKH ALI AADAM DEVALEKAR AND ORS.

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The court held that because the decree amount had been deposited and subsequently withdrawn by the claimants, the interim applications were allowed under prayer clause (b) and disposed of.

Summary

The Executive Engineer, Shabnoor (appellant), filed two interim applications (Nos. 8637/2025 and 8638/2025) in a civil appeal concerning a decree amount that had been deposited and later withdrawn by the claimants. The primary issue was whether the court should grant relief under prayer clause (b) of the applications. The court examined the fact that the decree amount was already deposited and subsequently withdrawn, concluding that no further enforcement was necessary. Accordingly, the court allowed both interim applications in terms of prayer clause (b). The applications were disposed of, with an order that the paper book be filed within one year from the date of the order.

Issues considered

Whether the interim applications seeking relief under prayer clause (b) should be allowed given that the decree amount was already deposited and withdrawn.

Subjects

interim application
decree amount
civil appellate jurisdiction
prayer clause
paper book filing

Judgment

                                                                  83-fa-st-946-2025 with connected.doc


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

                                      FIRST APPEAL (ST) NO. 946 OF 2025

                      The Executive Engineer,
SHABNOOR              Hatavane Kalva Vibhag, Raigad                … Appellant
AYUB
PATHAN                            V/s.
Digitally signed by   Shaikh Ali Aadam Devalekar & Ors.            … Respondents
SHABNOOR AYUB
PATHAN
Date: 2026.09.08
18:11:19 +0530                                      WITH
                                    INTERIM APPLICATION NO.8638 OF 2025
                                                    WITH
                                    INTERIM APPLICATION NO.8637 OF 2025
                                                     IN
                                      FIRST APPEAL (ST) NO. 946 OF 2025

                      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. 8637 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.

                                     FIRST APPEAL (ST) NO. 946 OF 2025



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                                            83-fa-st-946-2025 with connected.doc


3.    Admit.

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

            INTERIM APPLICATION NO. 8638 OF 2025

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

6.    The Interim Application stands disposed of.


                                             (AMIT BORKAR, J.)




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