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Bombay High Court

The Executive Engineer, Minor Irrigation Division, Jalna, Dist. JalnaversusMandakini Shivaji Ragad and another

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the delay was condoned and the appeal may be registered.

Summary

The Executive Engineer, Minor Irrigation Division, Jalna filed an application seeking condonation of a 101‑day delay in filing an appeal against a decree. The delay was attributed to administrative reasons, which were detailed in the application. The Court examined the reasons and found them satisfactory. Accordingly, the Court allowed the application, condoning the delay and directing that the first appeal be registered, subject to removal of any office objections. No substantive merits of the original dispute were addressed.

Issues considered

  • Whether the 101‑day delay in filing the appeal can be condoned under the provisions of the Civil Procedure Code.

Subjects

  • condonation of delay
  • appeal filing
  • Civil Procedure Code
  • administrative reasons
  • High Court of Bombay

Judgment

2026:BHC-AUG:34281
                                                                                 976-ca-13435-2025.odt
                                                         (1)


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD
                                  CIVIL APPLICATION NO. 13434 OF 2025
                                           IN FAST/34867/2025

                     The Executive Engineer, Minor Irrigation Division, Jalna, Dist. Jalna
                                                 VERSUS
                                   Mandakini Shivaji Ragad And Another
                                                     ...
                             Advocate for Applicant : Mr. Tekale Nikhil Shripad
                              AGP for Respondent/State : Mr. S.P. Sonpawale
                              Advocate for Respondent No.1 : Mr. D.A. Bhide
                                                       ...
                                               CORAM : S. G. CHAPALGAONKAR, J.
                                                 DATED : AUGUST 06, 2026

                 PER COURT :-

                 1.             Heard learned advocates appearing for respective parties.

                 2.             The applicant seeks to condone delay of 101 days caused

                 in filing appeal.

                 3.             Perused    application         and   reasons   stated     therein.

                 Apparently, delay is caused on account of administrative reasons

                 which are duly explained.

                 4.             Considering reasons as stated in application, case is made

                 out to condone delay. Hence, application is allowed. Delay of 101

                 days caused in filing appeal stands condoned.                 First Appeal be

                 registered subject to removal of office objections, if any.



                                                               (S.G. CHAPALGAONKAR, J.)



                 Mujaheed//


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