Bombay High Court

THE EXECUTIVE ENGINEER THROUGH GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATIOversusDnyaneshwar Jagannath Jagtap and other

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The delay of 3,946 days is condoned, but the applicant is not entitled to interest or statutory benefits for the delayed period.

Summary

The Executive Engineer through Godavari Marathwada Irrigation Development Corporation filed a civil application seeking condonation of a 3,946‑day delay in filing its first appeal. The respondents, though served, did not appear, and the State’s Advocate General appeared on behalf of one respondent. The Court found no doubt about the applicant’s bonafides and allowed the condonation, but held that the applicant would not be entitled to interest or statutory benefits for the delayed period. The Court admitted the first appeal, waived service of notice on the State, and ordered the record to be called from the lower court. Since the entire amount was deposited, the earlier ad‑interim stay relief was confirmed and the separate civil application for stay was disposed.

Issues considered

Whether a delay of 3,946 days in preferring a first appeal can be condoned.
Whether the applicant is entitled to interest and statutory benefits for the period of delay.
Whether the ad‑interim stay relief should continue after full deposit of the amount.

Subjects

condonation of delay
civil procedure
interest entitlement
statutory benefits
stay of execution
first appeal

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

          90 CIVIL APPLICATION NO. 10948 OF 2025
                     IN FAST/28615/2025

   THE EXECUTIVE ENGINEER THROUGH GODAVARI
MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
                    VERSUS
   DNYANESHWAR JAGANNATH JAGTAP AND OTHER

                            WITH
            CIVIL APPLICATION NO. 10949 OF 2025
                     IN FAST/28615/2025
                               ...
 Advocate for Applicant : Ms. Vaishali S. Swami h/f Mr. Swami
                          Mahesh C.
     AGP for Respondent/s-State : Mr. S. N. Morampalle.
                               ...


                           CORAM :   SHAILESH P. BRAHME, J.
                           DATE :    18.03.2026
PER COURT :-


1.    Heard both sides.


2.    Applicant seeks to condone delay of 3946 days in

preferring first appeal.


3.    The contesting party respondent Nos.1 and 2 though

served have not caused their appearance. Learned AGP

appearing for respondent No.3/State. The bonafides of the

applicant cannot be doubted. The delay stands condone.
4.      Civil application is allowed on condition that applicant

shall not be entitled to interest and statutory benefits for the

delayed period.


First Appeal


5.      Admit.


6.      Learned    AGP    waives         service   of   notice   for   the

respondent/State.


7.      Call for Record and Proceedings from the concerned

Court.


8.      Print is dispensed with.


Civil Application for Stay


9.      As the entire amount is deposited, ad-interim relief

granted earlier shall stand confirm.


10.     Civil application for stay is disposed of.




                                            (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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