Bombay High Court

THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT DIVISIONversusMANORAMABAI MAHAVEERPRASAD KALA AND ORS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The application for stay was dismissed as infructuous because of the lapse of time.

Summary

The Executive Engineer, Lower Dudhana Project Division filed a first appeal against Manorambai Mahaveer Prasad Kala and others. An application for a stay of the proceedings was also filed, relating to events that occurred in 2011. The court noted that more than fifteen years had elapsed since the year in question. It held that the passage of such a long period rendered the application infructuous. Consequently, the application for a stay was disposed of. The matter was adjourned for final hearing on 16 June 2026.

Issues considered

Whether the application for stay of proceedings filed in 2011 can be entertained after more than fifteen years

Subjects

stay of proceedings
limitation period
procedural delay
civil procedure

Judgment

                                      (1)                  949 2064.12

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                   949 FIRST APPEAL NO. 2064 OF 2012
                WITH CIVIL APPLICATION NO. 15828 OF 2011

      THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT DIVISION
                               VERSUS
            MANORAMABAI MAHAVEER PRASAD KALA AND ORS

                                     …..
                  Advocate for Appellant : Mr. Chawre Anand
           AGP for Respondents/State : Mrs. Chaitali Choudhari Kutti
                                     …..

                               CORAM :      SANJAY A. DESHMUKH, J.
                               DATE :       12.06.2026

P.C.:-

1.           Filing of the paper book is dispensed with. Learned advocate for

the appellant is absent.

2.           Stand over to 16.06.2026 for final hearing.


Application for Stay:

3.           The application has become infructuous, as it pertains to the year

2011 and more than 15 years have passed since then. There is no point in

keeping this application pending. Therefore, the application for grant of stay

is therefore disposed of.


                                                [SANJAY A. DESHMUKH, J.]
mubashir

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