Bombay High Court
The Executive Engineer, Minor Irrigation Division, JalgaonversusAnil Uttam Chaudhari and Others
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court allowed the applications, condoning the delay and granting the stay.
Summary
The Executive Engineer, Minor Irrigation Division, Jalgaon filed a civil application seeking condonation of a 1,350‑day delay in filing an appeal against the judgment and award of the Reference Court in L.A.R. No.231/2012. The delay was attributed to administrative reasons and was not intentional. The court examined the reasons and found that the applicant had made a case for condonation. It also considered a separate application for a stay, noting that the entire award amount had already been deposited with the Registry, removing any impediment to granting the stay. Consequently, the court allowed both applications, condoned the delay, ordered the appeal to be registered after removal of office objections, and granted the stay as prayed for. The civil applications were thereafter disposed of.
Issues considered
- Whether a delay of 1,350 days in filing an appeal can be condoned on the ground of administrative reasons.
- Whether a stay can be granted when the award amount is already deposited with the Registry.
Subjects
- condonation of delay
- civil procedure
- stay of execution
- reference court award
- administrative delay
Judgment
2026:BHC-AUG:25910
976 CA 1018 26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
976 CIVIL APPLICATION NO. 1018 OF 2026
IN FAST/2598/2026
WITH
CIVIL APPLICATION NO. 1017 OF 2026
IN FAST/2598/2026
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON
VERSUS
ANIL UTTAM CHAUDHARI AND OTHERS
...
Advocate for Applicant : Mr. Nangare Prashant Ramkrishna
AGP for Respondent nos. 2 & 3 : Mr. S. P. Joshi
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026
PER COURT :
CIVIL APPLICATION FOR CONDONATION OF DELAY
1. The applicant seeks to condone delay of 1350 days caused in filing
appeal against judgment and award of the Reference Court in L.A.R.
No.231/2012 at Chalisgaon.
2. Perused the application and reasons stated therein. Apparently, the
delay is caused on account of administrative reasons, which is not
intentional.
3. In the result, case is made out to condone the delay. Hence,
application is allowed. Delay is condoned. Civil Application is disposed of.
4. Appeal be registered after removal of the office objections.
CIVIL APPLICATION FOR STAY
5. Learned advocate Mr. Nangare appearing for the applicant points out
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976 CA 1018 26.odt
that entire amount as per the award passed by the Reference Court is
deposited with the Registry. In the result, there is no impediment in
allowing the application. Hence, application is allowed in terms of prayer
clause ‘B’.
6. Civil Application is disposed of.
( S. G. CHAPALGAONKAR, J.)
mkd/-
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