Bombay High Court
THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION JALGAON DIST JALGAONversusONKAR DALU KALE DIED THROUGH HIS LEGAL HEIRS 1 KAMINI ONKAR KALE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court held that the delay is condoned and the appeals may be registered.
Summary
The Executive Engineer, Waghur Dam Division, filed civil applications seeking condonation of delay in filing appeals against awards passed by the Reference Court in land acquisition matters concerning the estates of two deceased individuals. The applicants argued that the delay was justified and requested the court to allow the appeals to be registered. The learned judge examined the submissions and found the reasons for delay satisfactory. Consequently, the court ordered that the delay be condoned, the appeals be registered after removal of any office objection, and the civil applications be disposed of. The order effectively permits the appeals to proceed despite the lapse in filing time.
Issues considered
- Whether the delay in filing appeals against the Reference Court's award in a land acquisition reference can be condoned under the Civil Procedure Code.
Subjects
- land acquisition
- delay condonation
- civil procedure
- appeal
- reference court
- executive engineer
Judgment
2026:BHC-AUG:24851
(1) 921-ca-4961-2024-Delay.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 4961 OF 2024
IN FAST/5147/2024
THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION
JALGAON DIST JALGAON
VERSUS
ONKAR DALU KALE DIED THROUGH HIS LEGAL HEIRS 1
KAMINI ONKAR KALE AND ORS
…
AND
CIVIL APPLICATION NO. 4963 OF 2024
IN FAST/5151/2024
THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION
JALGAON DIST JALGAON
VERSUS
SHRI BALIRAM SUPADU ZOPE DIED THROUGH HIS LEGAL
HEIRS 1 SURESH BALIRAM ZOPE AND ORS
…
Mr. Rahul A. Tambe, Advocate for Applicant.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 25th JUNE, 2026.
P.C.:-
1. Heard learned Advocate appearing for applicants.
2. By these applications, applicants seek to condone delay
caused in filing Appeals against award passed by Reference Court
in Land Acquisition Reference.
3. Perused application. Considering submission advanced and
reasons as stated in Civil Applications, case is made out to condone
delay. Hence, following order is passed:
ORDER
a. Civil Applications are allowed.
b. Delay caused in filing Appeals is condone.
(2) 921-ca-4961-2024-Delay.odt
c. Appeals be registered on removal of office objection, if any.
d. Civil Applications stand disposed of.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/June-2026
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