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Bombay High Court

The Exec Engr Irrigation Department Strengthening Division Omerga Taluka Omerga Dist OsmanabadversusLaxman Sopan Lohar And Other

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 2,725 days was condoned as it was not intentional or deliberate, and the application for condonation of delay was allowed.

Summary

The Executive Engineer of the Irrigation Department (the acquiring body) filed an appeal 2,725 days after the original order, prompting a civil application for condonation of delay. The claimant (respondent No.1) and the Attorney General of the State opposed the condonation. The court examined the acquiring body's explanation, finding it satisfactory and concluding that the delay was neither intentional nor deliberate. Accordingly, the court granted condonation of the delay and allowed the application. The court also directed the registry to list a pending application for withdrawal of amount on 24 September 2026.

Issues considered

  • Whether a delay of 2,725 days in filing an appeal can be condoned under the Civil Procedure Code.

Subjects

  • condonation of delay
  • civil procedure
  • appeal
  • acquisition
  • irrigation department
  • high court

Judgment

2026:BHC-AUG:42550
                                                1                       946-CA-12699-2025.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               946 CIVIL APPLICATION NO. 12699 OF 2025
                                          IN FAST/34193/2025

                  The Exec. Engr. Irrigation Department Strengthening Division Omerga
                                      Taluka Omerga Dist Osmanabad
                                                 VERSUS
                                      Laxman Sopan Lohar And Other

                                                WITH
                                CIVIL APPLICATION NO. 12700 OF 2025
                                         IN FAST/34193/2025

               The Exec Engr Irrigation Department Strengthening Division Omerga
                                 Taluka Omerga Dist Osmanabad
                                             VERSUS
                                 Laxman Sopan Lohar And Others
                                                ...
             Mr.Madhav N. Kalyane h/f Mr. Gulab Balbhim Rajale, for the Applicants.
             Ms.Vaishali Chaudhari, AGP for the Respondent/State.
                                                ….
                                     CORAM          : MANJUSHA DESHPANDE, J.
                                     DATE           : 10.09.2026
             PER COURT :

             CIVIL APPLICATION NO. 12699 OF 2025

             1.              There is a delay of 2725 days in filing the Appeal by the

             Acquiring Body. After issuing notice, an appearance is caused on behalf of

             Respondent No.1, who is the claimant. The learned AGP appears for

             Respondent Nos.2 and 3. The application for condonation of delay is

             opposed by the learned AGP as well as the claimant. The reasons for

             delay in filing the Appeal are mentioned in Paragraph Nos.4 and 5 in the

             application.

             Sunny Thote
                                  2                         946-CA-12699-2025.odt


2.            In view of the explanation given by the Acquiring Body,

which is found to be satisfactory. Delay being neither intentional nor

deliberate, the same deserves to be condoned.

3.            This Civil Application for condonation of delay is allowed in

terms of Prayer Clause [B].

4.            It is submitted that although the claimant has filed the

application for withdrawal of amount is not listed today. Hence, the

Registry of this Court shall take necessary steps and and list the same on

24th September, 2026.



                                          [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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