Bombay High Court
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND OTHERSversusGORAKH TUKARAM DESHMUKH
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The Court held that the delays were neither intentional nor mala fide and therefore condoned them, setting aside the abatement, allowing the heirs to be brought on record, and confirming the interim relief.
Summary
The applicant sought the Court’s permission to condone a delay of 1,062 days in setting aside an abatement order and to bring the legal heirs of the deceased Gorakh Tukaram Deshmukh on record. The Court also considered a separate request to condone an 822‑day delay in preferring an appeal, and a petition to confirm ad interim relief after the acquiring body deposited the ordered amount. The issues revolved around whether the delays were intentional or mala fide and whether the abatement should be set aside. The Court found no evidence of intentional delay or mala fides, thereby condoning both delays, setting aside the abatement, and confirming the interim relief. All the civil applications were subsequently disposed of.
Issues considered
- Whether the delay of 1,062 days in setting aside the abatement and bringing legal heirs on record can be condoned.
- Whether the delay of 822 days in preferring the appeal can be condoned.
- Whether the ad interim relief granted earlier should be confirmed after the deposit by the acquiring body.
Subjects
- condonation of delay
- abatement
- legal heirs
- civil application
- interim relief
- appeal
- High Court
Judgment
2026:BHC-AUG:10570
54 CA 2856 26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
54 CIVIL APPLICATION NO. 2856 OF 2026
IN FAST/27002/2024
WITH
CIVIL APPLICATION NO. 1387 OF 2026
IN FAST/27002/2024
WITH
CIVIL APPLICATION NO. 13203 OF 2024
IN FAST/27002/2024
WITH
CIVIL APPLICATION NO. 13204 OF 2024
IN FAST/27002/2024
GORAKH TUKARAM DESHMUKH DIED THROUGH LRS VIJAY
GORAKH DESHMUKH
VERSUS
THE EXECUTIVE ENGINEER
...
Advocate for Applicant : Mr. Shahaji C. Nadare h/f Mr. Naiknavare
Ramesh Vitthal
Advocate for Respondent no. 1 : Mr. Ruturaj C. Patil
AGP for Respondent nos. 2 & 3 : Mr. N.D. Raje
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 09.03.2026
PER COURT :
CIVIL APPLICATION No. 1387/2026 IN fast 27002/2024
1. The applicant seeks to condone delay of 1062 days in setting aside
abatement and bringing legal heirs of deceased Gorakh Tukaram Deshmukh
on record. The cause of action survives as against heirs of deceased Gorakh
Tukaram Deshmukh. They are necessary parties. The delay is not
intentional. It stands condoned. Abatement is set aside and leave is granted
to bring his legal heirs on record.
1/2
54 CA 2856 26.odt
CIVIL APPLICATION NO. 13203/2024 IN FAST/27002/2024
2. The applicants seek to condone delay of 822 days in preferring the
appeal.
3. For the reasons stated in the application, it is desirable to condone
delay. No mala fides can be inferred on the part of the applicant in
preferring the appeal belatedly.
4. The delay stands condoned.
5. Civil Application is disposed of.
CIVIL APPLICATION NO. 13204/2024 IN FAST/27002/2024
6. As the Acquiring Body has deposited the amount in pursuance of the
orders passed by this Court, ad interim relief granted earlier shall stand
confirmed.
7. The Civil Application is disposed of.
CIVIL APPLICATION NO. 2856/2026 IN FAST/27002/2024
8. As the civil application for bringing legal heirs of deceased Gorakh on
record is allowed, the civil application is disposed of.
( SHAILESH P. BRAHME, J.)
mkd/-
2/2
Checking your session…