Bombay High Court

THE EXECUTIVE ENGINER, MINOR IRRIGATION SURVEY DIVISION OSMANABAD.versusTHE STATE OF MAHARASHTRA AND ORS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The stay application is deemed infructuous and is disposed of.

Summary

The High Court considered Civil Application No. 3606 of 2008 filed by the Executive Engineer, Minor Irrigation Survey Division, Osmanabad, seeking a stay of execution of an impugned judgment and award. The application had remained pending for 18 years without any justification for the delay. The Court held that such an inordinate delay rendered the application infructuous. Consequently, the stay application was disposed of as become infructuous. The Court also listed Civil Application No. 7893 of 2021 for hearing on 10 July 2026.

Issues considered

Whether a civil application seeking a stay of execution, pending for 18 years without justification, can be entertained

Subjects

stay of execution
civil application
infructuous
delay
high court

Judgment

                                              1                                  47.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           BENCH AT AURANGABAD.
                       47 CIVIL APPLICATION NO. 7893 OF 2021
                                   IN FA/915/2011

       THE EXECUTIVE ENGINEER, MINOR IRRIGATION SURVEY DIVISION
                                     OSMANABAD.
                                        VERSUS
                           THE STATE OF MAHARASHTRA,
            THROUGH THE COLLECTOR, OSMANABAD AND OTHERS
                                           ...
      Advocate for Applicant : Mr. Shreyash G. Rajale, h/f Mr. G. B. Rajale.
      AGP for Respondent / State : Mr. R. B. Dhaware.
                                           ...
                                       WITH
                        CIVIL APPLICATION NO. 3606 OF 2008
                                   IN FA/915/2011
                                         ...


                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATE       :   22nd June, 2026.

      P.C.:

      1       Civil Application No.3606 of 2008 is filed seeking stay to the
      execution of the impugned judgment and award.


      2       The application was filed in the year 2008. The application is
      pending since 18 years.       There is no any reason for keeping this
      application pending for hearing. Therefore, the application for stay has
      become infructuous. Civil Application No.3606 of 2008 is disposed of
      as become infructuous.


      3       List Civil Application No.7893 of 2021 on 10th July, 2026.



                                              [ SANJAY A. DESHMUKH, J. ]
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