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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

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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