Bombay High Court
MIDC Aurangabad Near Railway Station Aurangabad and anrversusChandrabhagabai Wo Ramrao Matsagar Died Through LRs 1 Sainath So Ramrao Matsagar and ors
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court granted condonation of the 796‑day delay and ordered the appeal to be admitted after removal of any objections.
Summary
The applicants, an officer in charge of the MIDC Aurangabad and another, filed a civil application seeking condonation of a 796‑day delay in filing an appeal by the acquiring body. The respondents were served with notice but did not appear before the court. The court examined the reasons for the delay set out in paragraphs 6 to 8 of the application. Finding the explanations satisfactory, the court allowed the application as per prayer clause ‘A’ and directed that the appeal be admitted after removal of any office objections. Consequently, the application was disposed of.
Issues considered
- Whether a delay of 796 days in filing an appeal can be condoned under the Civil Procedure Code.
Subjects
- condonation of delay
- civil procedure
- appeal admission
- high court
- non‑appearance of respondents
Judgment
2026:BHC-AUG:38143
1 952 CA 10347-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
952 CIVIL APPLICATION NO. 10347 OF 2025
IN FIRST APPEAL (ST) NO. 26161 OF 2025
1 OFFICER IN CHARGE OFFICE OF MIDC AURANGABAD NEAR
RAILWAY STATION AURANGABAD AND ANOTHER
VERSUS
CHANDRABHAGABAI WO RAMRAO MATSAGAR DIED THROUGH L.RS.
1 SAINATH SO RAMRAO MATSAGAR AND OTHERS
…
Mr. G.S. Khaire h/f. Mr. S.S. Dande – Advocate for Applicants
Mr. P.M. Kulkarni – AGP for Respondent Nos.3 and 4/State
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. This application is filed for condonation of delay of 796 days in
filing the appeal by the acquiring body. Though the respondents are
served, none appears for the respondents.
2. In view of the reasons stated in paragraphs 6 to 8 of the
application, the Civil Application stands allowed in terms of prayer clause
‘A’.
3. The appeal be placed for admission after removal of office
objections, if any.
4. The application is accordingly disposed of.
[ MANJUSHA DESHPANDE, J. ]
Pooja Kale/
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