Bombay High Court
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION LATUR NOW LATUR M I D L AND ORSversusSANTOSH PRABHU KORE
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court held that the delay was justified and condoned it, and also granted an interim stay subject to the deposit of 60% of the compensation with interest.
Summary
The Executive Engineer Minor Irrigation Division Latur filed applications seeking condonation of a 299‑day delay in filing an appeal against a judgment and award. The respondents opposed the condonation and also contested the grant of an interim stay. The court examined the reasons for delay, finding them to be administrative and satisfactorily explained, thereby constituting sufficient cause. Accordingly, the court allowed the condonation applications, directing that the first appeals be registered subject to removal of any office objections. In the stay applications, the court issued notice to the respondents but the respondent’s counsel waived it, and the court granted an ad‑interim stay of the judgment and award. The stay was conditioned on the applicants depositing 60% of the compensation amount along with accrued interest.
Issues considered
- Whether a delay of 299 days in filing an appeal can be condoned under the applicable procedural law.
- Whether an ad‑interim stay of the judgment and award should be granted pending the appeal, and on what conditions.
Subjects
- condonation of delay
- appeal
- interim stay
- compensation
- interest
- High Court of Bombay
- civil procedure
Judgment
2026:BHC-AUG:34258
972-ca-12959-2025.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 12959 OF 2025
IN FAST/25925/2025
The Executive Engineer Minor Irrigation Division Latur Now Latur M I
D L And Ors
VERSUS
Meena Prabhu Kore
...
Advocate for Applicant : Mr. Baburao Raosaheb Survase
Advocate for Respondent : Mr. Tembhurnikar C.S.
WITH
CIVIL APPLICATION NO. 12952 OF 2025 IN FAST/25932/2025 WITH
CIVIL APPLICATION NO. 12953 OF 2025 IN FAST/25935/2025 WITH
CIVIL APPLICATION NO. 12954 OF 2025 IN FAST/25935/2025 WITH
CIVIL APPLICATION NO. 12947 OF 2025 IN FAST/25928/2025 WITH
CIVIL APPLICATION NO. 12948 OF 2025 IN FAST/25928/2025 WITH
CIVIL APPLICATION NO. 12946 OF 2025 IN FAST/25914/2025 WITH
CIVIL APPLICATION NO. 12949 OF 2025 IN FAST/25917/2025 WITH
CIVIL APPLICATION NO. 12950 OF 2025 IN FAST/25917/2025 WITH
CIVIL APPLICATION NO. 12955 OF 2025 IN FAST/25938/2025 WITH
CIVIL APPLICATION NO. 12956 OF 2025 IN FAST/25938/2025 WITH
CIVIL APPLICATION NO. 12958 OF 2025 IN FAST/25920/2025 WITH
CIVIL APPLICATION NO. 12945 OF 2025 IN FAST/25914/2025 WITH
CIVIL APPLICATION NO. 12960 OF 2025 IN FAST/25925/2025 WITH
CIVIL APPLICATION NO. 12957 OF 2025 IN FAST/25920/2025 WITH
CIVIL APPLICATION NO. 12951 OF 2025 IN FAST/25932/2025
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : AUGUST 06, 2026
PER COURT :-
In Delay Applications :
1. Heard learned advocates appearing for respective parties.
2. The applicants seek to condone delay of 299 days caused
in filing appeal.
3. Perused applications and reasons stated therein.
Apparently, delay is caused on account of administrative reasons
972-ca-12959-2025.odt
(2)
which are duly explained. As such, sufficient cause is made out to
condone delay.
4. Hence, applications are allowed. Delay of 299 days
caused in filing appeal stands condoned. First Appeals be registered
subject to removal of office objections, if any.
In Stay Applications :
1. Heard learned advocates appearing for respective parties.
2. Issue notice to respondents, returnable after twelve
weeks. Mr. Tembhurnikar waives notice for respondent.
3. Till returnable date, there shall be ad-interim stay to
judgment and award under appeal subject to condition that applicants
deposit 60% of compensation amount along with interest accrued
thereon.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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