Bombay High Court

THE STATE OF MAHversusBHAUSAHEB DNYANDEO BAGAL

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The Court condoned the delay and granted a stay of execution pending the appeal.

Summary

The State of Maharashtra filed a series of civil applications seeking condonation of an 820‑day delay in filing first appeals and a stay of execution of an impugned judgment and award against the estate of the deceased Bhalchandra Bhimaji Babal. The applications were filed under multiple civil application numbers linked together. The learned Advocate General for the State submitted that the entire amount awarded had already been deposited with the Court. The Court, after hearing counsel, condoned the delay, finding it justified in the interest of justice, and allowed the applications. It also granted a stay on the execution of the judgment and award pending the outcome of the appeal. The matter was disposed of with the stay remaining in effect until the appeal is finally decided.

Issues considered

Whether the Court may condone an 820‑day delay in filing first appeals.
Whether a stay of execution should be granted when the awarded amount is deposited with the Court.

Subjects

condonation of delay
stay of execution
civil appeal
interest of justice
court deposit

Judgment

2026:BHC-AUG:10284


                                                   1                    24.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                 BENCH AT AURANGABAD.
                            24 CIVIL APPLICATION NO. 12193 OF 2011
                                       IN FAST/21415/2011

                                    THE STATE OF MAHARASHTRA
                                                 VERSUS
                                   BHALCHANDRA BHIMAJI BABAL,
                              DIED THR. L.RS. APPASAHEB AND ANR
                                                     ...
              AGP for Applicant / State : Mr. D. J. Patil.
              Advocate for Respondents / Claimants : Mr. N. C. Garud.
                                                     ...
                                                   WITH
                              CIVIL APPLICATION NO. 12194 OF 2011
                                           IN FAST/21415/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12203 OF 2011
                                           IN FAST/21420/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12202 OF 2011
                                           IN FAST/21423/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12197 OF 2011
                                           IN FAST/21434/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12195 OF 2011
                                           IN FAST/21439/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12196 OF 2011
                                           IN FAST/21439/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12204 OF 2011
                                           IN FAST/21420/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12201 OF 2011
                                           IN FAST/21423/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12199 OF 2011
                                           IN FAST/21428/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12200 OF 2011
                                           IN FAST/21428/2011
                                                   WITH
                              CIVIL APPLICATION NO. 12198 OF 2011
                                           IN FAST/21434/2011
                                                     ...
                                              2                                    24.odt




                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATE       :    09th March, 2026.

      P.C.:

      1       Heard the learned counsel for the parties.             Perused the
      applications.



      Applications for condonation of delay:
      2       These are applications for condonation of delay of 820 days
      caused in filing the respective first appeals.


      3       For the reasons stated in the application, the delay stands
      condoned. The applications stand allowed in the interest of justice.



      Applications for stay:
      4       These are applications seeking stay to the execution of the
      impugned judgment and award.


      5       The learned AGP submits that the entire amount as per the
      impugned judgment and award is deposited in this Court.


      6       In view of the above, there shall be stay to the impugned
      judgment and award till the pendency of the appeal. The applications
      stand disposed of.



                                              [ SANJAY A. DESHMUKH, J. ]
nga

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