Bombay High Court

THE EXECUTIVE ENGINEERE MINOR IRRIGATION DIVISION NO 1 THROUGH GMIDC AURANGABAD AND ANRversusRADHAKISAN BHAGINATH KARALE

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SACHIN S DESHMUKH

Holding

The court condoned the 307‑day delay and allowed the first application, and stayed the second application subject to full payment of the award with interest within twelve weeks.

Summary

The Executive Engineer Minor Irrigation Division No.1, through GMIDC Aurangabad, filed two civil applications against Radhakisan Bhag... seeking relief. The first application (No. 13196) requested condonation of a 307‑day delay in filing, while the second (No. 13197) sought a stay of execution of an award pending payment of the award amount with interest. The court examined whether the delay could be condoned under the principles of equity and whether a stay could be granted subject to compliance with the payment condition. It held that the delay was excusable and therefore condoned, allowing the first application. For the second application, the court imposed a stay conditional upon the plaintiff depositing the full award plus accrued interest within twelve weeks, and disposed of the application accordingly.

Issues considered

Whether a delay of 307 days in filing the civil application can be condoned.
Whether a stay of execution of the award can be granted subject to deposit of the award amount with interest.

Subjects

condonation of delay
stay of execution
civil application
minor irrigation
award deposit
interest
court order

Judgment

2026:BHC-AUG:23315



                                                                    959 CA13196.2024
                                                -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                           959 CIVIL APPLICATION NO. 13196 OF 2024
                                       IN FAST/27203/2024
                THE EXECUTIVE ENGINEERE MINOR IRRIGATION DIVISION NO 1
                           THROUGH GMIDC AURANGABAD AND ANR
                                              VERSUS
                               RADHAKISAN BHAGINATH KARALE
                                                 ...
              Advocate for Applicant : Mr. Arvind Namdeo Gaddime
              Advocate for Respondent : Mr. N. J. Pahune Patil
                                                 ...

                                               WITH
                             CIVIL APPLICATION NO. 13197 OF 2024
                                       IN FAST/27203/2024
                THE EXECUTIVE ENGINEERE MINOR IRRIGATION DIVISION NO 1
                           THROUGH GMIDC AURANGABAD AND ANR
                                              VERSUS
                               RADHAKISAN BHAGINATH KARALE
                                                 …
              Advocate for Applicant : Mr. Arvind Namdeo Gaddime
              Advocate for Respondent : Mr. N. J. Pahune Patil
                                                 ...

                                 CORAM : SACHIN S. DESHMUKH, J.
                                     Date : 12.06.2026

              PER COURT :-


              1.          Heard.


              2.          Issue notice to Respondent in both the applications. Mr. N.

              J. Pahune Patil, learned counsel accepts notice on behalf of Respondent

              in both the applications.
                                                        959 CA13196.2024
                                  -2-

CIVIL APPLICATION NO.13196 OF 2024

3.          For the reasons stated in the application for condonation of

delay, delay of 307 days is condoned. The civil application stands

allowed.



CIVIL APPLICATION NO.13197 OF 2024

4.          There shall be stay in terms of prayer clause “B”, subject to

deposit of entire award amount along with accrued interest thereon till

the date of deposit of amount. The amount shall be deposited within a

period of twelve (12) weeks from today. The civil application stands

disposed of accordingly.




                                        (SACHIN S. DESHMUKH, J.)

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