Bombay High Court

THE EXECUTIVE ENGINEER, HETAVANE KALVA VIBHAG, RAIGADversusSUSHILA KASHINATH SAKPAL AND ORS.

Decided: 8 September 2026
Disposal: Disposed Off

Holding

Both Interim Application No. 8730 and Interim Application No. 8731 of 2025 were allowed in terms of prayer clause (b) and the applications were disposed of.

Summary

The Executive Engineer, Shabnoor Ayub Pathan, appealed before the Bombay High Court against the State and other respondents. Two interim applications (Nos. 8730 and 8731 of 2025) were filed during the pendency of the appeal. The court examined the prayer clauses of each application and found that the conditions for granting interim relief were satisfied. In Application No. 8730, the court allowed the relief sought under prayer clause (b) and disposed of the application. In Application No. 8731, having noted that the decreetal amount had already been deposited and withdrawn by the claimants, the court likewise allowed the relief under prayer clause (b) and disposed of the application. The court also directed that the paper book be filed within one year from the date of the order.

Issues considered

What relief, if any, should be granted under prayer clause (b) of Interim Application No. 8730 of 2025?
What relief, if any, should be granted under prayer clause (b) of Interim Application No. 8731 of 2025, considering the decreetal amount has been deposited and withdrawn?

Subjects

interim application
civil appellate jurisdiction
decreetal amount
paper book filing
High Court of Bombay

Judgment

                                                                  84-fa-st-951-2025 with connected.doc


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

                                      FIRST APPEAL (ST) NO. 951 OF 2025

                      The Executive Engineer,
SHABNOOR              Hatavane Kalva Vibhag, Raigad                … Appellant
AYUB
PATHAN                           V/s.
Digitally signed by   Sushila Kashinath Sakpal & Ors.              … Respondents
SHABNOOR AYUB
PATHAN
Date: 2026.09.08
18:11:19 +0530                                      WITH
                                    INTERIM APPLICATION NO.8731 OF 2025
                                                    WITH
                                    INTERIM APPLICATION NO.8730 OF 2025
                                                     IN
                                      FIRST APPEAL (ST) NO. 951 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. 8730 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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                                            84-fa-st-951-2025 with connected.doc


               FIRST APPEAL (ST) NO. 951 OF 2025

3.    Admit.

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

            INTERIM APPLICATION NO. 8731 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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