Bombay High Court
THE EXECUTIVE ENGINEER LOWR TERNA MEDIUM PROJECT DIVN OSMANABADversusSARUBAI MANIK LOMBHE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court held that the 135‑day delay in filing the First Appeal is condoned as it was neither deliberate nor intentional.
Summary
The Executive Engineer of the Lower Terna Medium Project Division filed an application seeking condonation of a 135‑day delay in filing a First Appeal (Stamp) No. 20768 of 2010. The respondents opposed the condonation, arguing that no sufficient reason existed for the delay. The Court examined the application and found that the delay was neither deliberate nor intentional. In the interest of justice, the Court held that the delay could be condoned. Consequently, the Civil Application was allowed and the delay was formally condoned.
Issues considered
- Whether a delay of 135 days in filing a First Appeal can be condoned under the principles of civil procedure
Subjects
- condonation of delay
- civil appeal
- interest of justice
- first appeal (stamp)
- procedural law
Judgment
2026:BHC-AUG:13413
931.CA.13991.2010
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13991 OF 2010
IN
FIRST APPEAL (STAMP) NO. 20768 OF 2010
The Executive Engineer
Lower Terna Medium Project Divn Osmanabad ...Applicant
Versus
Sarubai Manik Lombhe and Others ...Respondents
***
Mr. Pravin S. Patil, Advocate for the Applicant
Mr. Ashtekar R. K., Advocate for Respondent Nos.1 to 4.
Mrs. A. S. Mantri, AGP for Respondent – State.
***
CORAM : SANJAY A. DESHMUKH, J.
DATE : MARCH 27, 2026
PER COURT :
1. Heard.
2. This is an application for condonation of delay of 135 days
caused in filing the First Appeal.
3. The learned counsel for the respondents strongly opposed
the application and submitted that there is no sufficient reason to
condone the delay.
4. Perused the application. For the reasons stated therein, the
application deserves to be allowed in the interest of justice as the delay is
Shrikant Malani Page 1 of 2
931.CA.13991.2010
neither deliberate nor intentional. Hence the following order.
ORDER
A) The Civil Application is allowed.
B) The delay of 135 days caused in filing the First Appeal
is hereby condoned.
( SANJAY A. DESHMUKH, J. )
Shrikant Malani Page 2 of 2
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