Bombay High Court
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADIversusBALU DATTATRAYA KHARADE AND ANR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court condoned the 294‑day delay in filing the appeals.
Summary
The Executive Engineer Kukadi Vitaran Vibha (and related parties) filed a series of civil applications seeking condonation of a 294‑day delay in filing their appeals. The respondents, represented by the State, opposed the condonation. The High Court examined the reasons set out in the applications and applied the procedural principles governing condonation of delay under the Civil Procedure Code. Finding the explanations satisfactory and guided by equity, the Court held that the delay could be condoned. Accordingly, the Court allowed the applications, condoned the 294‑day delay, and directed that the appeals be registered subject to removal of office objections.
Issues considered
- Whether a delay of 294 days in filing appeals can be condoned under the Civil Procedure Code
- Whether the reasons provided by the applicants justify condonation of such delay
Subjects
- condonation of delay
- civil appeals
- Civil Procedure Code
- procedural law
- High Court of Bombay
- registration of appeals
Judgment
2026:BHC-AUG:32434
(1) 965-ca-4375-2024-delay.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 4375 OF 2024
IN FAST/6019/2024
EXECUTIVE ENGINEER KUKADI VITARAN VIBHAG
KOLWADI
VERSUS
VITTHAL GOVIND DHERE AND ORS
…
WITH
CIVIL APPLICATION NO. 4373 OF 2024
IN FAST/6016/2024
EXECUTIVE ENGINEER KUKADI VITARAN VIBHAG
KOLWADI
VERSUS
TUKARAM GOVIND DHERE AND ORS
…
WITH
CIVIL APPLICATION NO. 4379 OF 2024
IN FAST/6013/2024
THE EXECUTIVE ENGINEER KUKADI VITARAN VIBHAG
KOLWADI
VERSUS
KALPANA VITTHAL DHERE DECEASED THROUGH LRS AND
ORS
…
WITH
CIVIL APPLICATION NO. 4336 OF 2024
IN FAST/5843/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
TUKARAM TATYA RAUT DECEASED THROUGH LRS BAPU
AND ORS
…
WITH
CIVIL APPLICATION NO. 4330 OF 2024
IN FAST/5731/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
(2) 965-ca-4375-2024-delay.odt
TUKARAM TATYA RAUT DECEASED THR LRS BAPU AND
ORS
…
WITH
CIVIL APPLICATION NO. 4352 OF 2024
IN FAST/5897/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
SOMNATH VINAYAK DHERE AND ORS
…
WITH
CIVIL APPLICATION NO. 4342 OF 2024
IN FAST/5868/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
POPAT PANDHARINATH NEWASE AND ANR
…
WITH
CIVIL APPLICATION NO. 4344 OF 2024
IN FAST/5880/2024
THE EXECUTIVE ENGINEER KUKADI VIBHAG SHRIGONDA
NOW THE EXECUTIVE ENGINEER KUKADI VITARAN
BANDHKAM
VERSUS
RAJENDRA UDDHAV NEWASE AND ORS
…
WITH
CIVIL APPLICATION NO. 4367 OF 2024
IN FAST/5957/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VERSUS
ANKUSH PANDHARINATH NEWASE AND ANR
…
WITH
CIVIL APPLICATION NO. 4328 OF 2024
IN FAST/5835/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VITARAN BA
(3) 965-ca-4375-2024-delay.odt
VERSUS
SUNITA SOPANRAO NEWASE AND ANR
…
WITH
CIVIL APPLICATION NO. 4361 OF 2024
IN FAST/5948/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VERSUS
BALU DATTATRAYA KHARADE AND ANR
…
WITH
CIVIL APPLICATION NO. 4340 OF 2024
IN FAST/5865/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
TUKARAM TATYA RAUT DIED THR LRS BAPU AND ORS
…
WITH
CIVIL APPLICATION NO. 4371 OF 2024
IN FAST/6007/2024
EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EXECUTIVE ENGINEER KUKADI
VITARAN BANDHKAM
VERSUS
SITARAM MARUTI NEWASE DIED THROUGH LRS
…
WITH
CIVIL APPLICATION NO. 4381 OF 2024
IN FAST/6010/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VITARAN B
VERSUS
PRAMOD ZUMBAR BHAILUME AND ANR
…
WITH
CIVIL APPLICATION NO. 4334 OF 2024
IN FAST/5861/2024
(4) 965-ca-4375-2024-delay.odt
KRUSHNA KHORE CORPORATION THROUGH EX. ENGINEER
KUKADI LEFT CANAL NOW EX. ENGINEER KUKADI
VITARAN
VERSUS
BUWASAHEB NIVRUTTI DHERE AND ORS
…
WITH
CIVIL APPLICATION NO. 4355 OF 2024
IN FAST/5900/2024
THE EXETHE EXECUTIVE ENGINEER KUKADI PRAKALP
VIBHAG SHRIGONDA NOW EX. ENGINEER KUKADCUTIVE
ENGINEER
VERSUS
SANJAY NAMDEO NEWASE AND ANR
…
WITH
CIVIL APPLICATION NO. 4369 OF 2024
IN FAST/5960/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VERSUS
NANASAHEB BABURAO RAUT AND ANR
…
WITH
CIVIL APPLICATION NO. 4365 OF 2024
IN FAST/5954/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VERSUS
SADASHIV BUVAJI CHEDE AND ORS
…
WITH
CIVIL APPLICATION NO. 4363 OF 2024
IN FAST/5951/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VERSUS
BABAN DATTATRAYA KHARADE AND ANR
…
WITH
CIVIL APPLICATION NO. 4326 OF 2024
IN FAST/5839/2024
(5) 965-ca-4375-2024-delay.odt
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VITARAN BA
VERSUS
PRABHAVATI SHANKAR BHAPKAR DECEASED THROUGH
LRS
…
WITH
CIVIL APPLICATION NO. 4350 OF 2024
IN FAST/5894/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
RAGHUNATH TUKARAM NEWASE DIED THR LRS RAMDAS
AND ORS
…
WITH
CIVIL APPLICATION NO. 4358 OF 2024
IN FAST/5903/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
MADHAV GANPAT NEWASE AND ANR
…
WITH
CIVIL APPLICATION NO. 4346 OF 2024
IN FAST/5891/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW EX. ENGINEER KUKADI VITARAN
VERSUS
SUBHADRA UDDHAV NEWASE AND ANR
…
WITH
CIVIL APPLICATION NO. 4338 OF 2024
IN FAST/5846/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VITARAN BA
VERSUS
UTTAM DATTATRAYA KHARADE AND ANR
…
…
Mr. Avishkar S. Shelke, Advocate for Applicants.
(6) 965-ca-4375-2024-delay.odt
Ms. R. R. Tandale, AGP for Respondents-State.
Mr. Viraj S. Yelmame h/f Mr. Mahesh S. Deshmukh, Advocate for
Respondent No.1.
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 31st JULY, 2026.
P.C.:-
1. Heard learned Advocates appearing for respective parties.
2. By these applications, applicants seek to condone delay of
294 days caused in filing Appeals.
3. In light of reasons as stated in applications, Civil
Applications are allowed.
4. Delay of 294 days caused in filing Appeals is hereby
condoned.
5. Appeals be registered subject to removal of office objections.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/July-2026
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