Bombay High Court

THE STATE OF MAHversusBHAUSAHEB DNYANDEO BAGAL

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

Holding

The court condoned the 820‑day delay and granted a stay of execution of the impugned judgment and award pending the appeal.

Summary

The State of Maharashtra filed multiple civil applications seeking condonation of an 820‑day delay in filing first appeals against a judgment and award. The court examined the reasons for the delay and, in the interest of justice, condoned it, allowing the appeals to proceed. The State also applied for a stay of execution of the impugned judgment and award, noting that the entire amount had been deposited with the court. The court, satisfied with the deposit, granted a stay of the judgment and award pending the appeal. Both the condonation and stay applications were disposed of in favour of the State.

Issues considered

Whether a delay of 820 days in filing a first appeal can be condoned under principles of natural justice.
Whether a stay of execution should be granted pending the pendency of the appeal.

Subjects

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

Judgment

2026:BHC-AUG:10285


                                                   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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