The Executive Engineer, Minor Irrigation Department, Kalwa v. Vilas Namdev Raut And ORS.

58-FA-st-9739-25+.doc Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SAYALI DEEPAK UPASANI FIRST APPEAL (ST) NO.-9739 of 2025 WITH INTERIM APPLICATION NO. 8167 OF 2025 by SAYALI DEEPAK UPASANI Date: 2026.06.09 17:55:52 +0530 WITH INTERIM APPLICATION NO. 8168 OF 2025 The Executive Engineer Minor Irrigation Department Kalwal District Thane ... Applicant-Appellant V/s.

Vilas Namdev Raut and others ... Respondents Ms. Leena Patil, for Appellant.

Mr. A. R. Patil, Additional GP for State.

CORAM

: AMIT BORKAR, J.

DATED : JUNE 09, 2026 P.C.:

INTERIM APPLICATION NO. 8167 OF 2025 1.

The application is for condonation of delay. The office remark shows that contesting respondent no. 1 claimant is served. Despite service, none appears for respondent no. 1. 2.

Considering the averments made in paragraph nos. 14 to 17, case for condonation of delay is made out. 3.

The application is allowed in terms of prayer clause 'b'.

58-FA-st-9739-25+.doc INTERIM APPLICATION NO. 8168 OF 2025 4.

The learned Advocate for the appellant states that the appellant has already deposited the entire decretal amount along with interest with the Reference Court. 5.

Statement is accepted.

6.

Considering the facts and circumstances of the present case, a case for grant of interim relief is made out. Hence, the application is allowed in terms of prayer clause 'b'. FIRST APPEAL (ST) NO.- 9739 of 2025 7.

Admit.

8.

The appellant shall file a private paper book within one year.

9.

Call for the record and proceedings.

(AMIT BORKAR, J.)