Bombay High Court

The Executive Engineer, Minor Irrigation Work, Dist. JalgaonversusSattar Julfumiya Patel and Others

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The Court condoned the 1,431‑day delay and allowed the civil application.

Summary

The Executive Engineer, Minor Irrigation Work, District Jalgaon filed two civil applications seeking condonation of a 1,431‑day delay in filing an appeal and a short stay to deposit a required amount. The delay was attributed to administrative reasons, which the applicant explained in the application. The Court examined the justification and, applying the principles governing condonation of delay, allowed the application, thereby condoning the 1,431‑day delay and disposing of the civil application. The Court further directed that the appeal be registered once the office objections are removed. Regarding the stay application, the Court ordered that the matter be stood over to 30 July 2026 for further consideration.

Issues considered

Whether a delay of 1,431 days in filing an appeal can be condoned under the Civil Procedure Code
What criteria must be satisfied for condonation of such a prolonged delay

Subjects

delay condonation
civil procedure
appeal filing
stay order
administrative delay

Judgment

                                                                995 CA 2787 26.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                 995 CIVIL APPLICATION NO. 2787 OF 2026
                              IN FAST/5623/2026
                                    WITH
                    CIVIL APPLICATION NO. 2788 OF 2026
                              IN FAST/5623/2026
     THE EXECUTIVE ENGINEER, MINOR IRRIGATION WORK, DIST. JALGAON
                                   VERSUS
                 SATTAR JULFUMIYA PATEL AND OTHERS
                                      ...
                Advocate for Applicant : Mr. Vivek Vishnu Tarde
            Advocate for Respondent No.1 : Mr. Balaji S. Chondhekar
                A.G.P. for Respondent no. 2 : Mr. C. V. Bhadane
                                        ...
                       CORAM                   :    S. G. CHAPALGAONKAR, J.
                       DATE                    : 02.07.2026

PER COURT :

         ON CIVIL APPLICATIONS FOR DELAY CONDONATIONS

1.      Heard learned advocates for the respective parties.

2.      The applicants seek to condone delay of 1431 days caused in filing
appeal. Perused the application. Delay is caused on account of
administrative reasons. It is duly explained.

3.      In that view of the matter, the Civil Application is allowed. Delay of
1431 days is condoned. Civil Application is disposed of.

4.      Appeal be registered after removal of the office objections.

        ON CIVIL APPLICATION FOR STAY

5.      Learned   advocate    appearing       for   the   applicant   seeks   short
accommodation to deposit the amount.

6.      Stand over to 30.07.2026.



                                        ( S. G. CHAPALGAONKAR, J.)

mkd/-

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