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Bombay High Court

The Executive Engineer, Irrigation Project Division, Beed and AnotherversusSanjivani W/o Rajebhau Kadam

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the appeals and allowed the applications.

Summary

The Executive Engineer, Irrigation Project Division, Beed and others filed three applications seeking condonation of delay of 2,345, 2,490 and 1,457 days respectively for filing their appeals. The sole respondents in each case were duly served. The court examined the reasons set out in paragraphs 5 to 7 of the applications and found them sufficient to justify the delay. Accordingly, the court condoned the delay and allowed the applications as per prayer clause ‘B’. The appeals were ordered to be placed for admission after removal of any office objections, and the applications were disposed of.

Issues considered

  • Whether the delay of 2,345, 2,490 and 1,457 days in filing the appeals can be condoned under the Civil Procedure Code.
  • Whether service of the sole respondent satisfies the requirement for condonation applications.

Subjects

  • condonation of delay
  • civil appeal
  • admission of appeal
  • service of notice
  • court procedure

Judgment

2026:BHC-AUG:38147
                                           1                       979 CA 4987-2026, 980 & 998.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             979 CIVIL APPLICATION NO. 4987 OF 2026
                              IN FIRST APPEAL (ST) NO. 9727 OF 2026

                  THE EXECUTIVE ENGINEER IRRIGATION PROJECT DIVISION BEED
                                       AND ANOTHER
                                          VERSUS
                              SANJIVANI W/O RAJEBHAU KADAM

                                               AND
                             980 CIVIL APPLICATION NO. 4995 OF 2026
                              IN FIRST APPEAL (ST) NO. 9742 OF 2026

                  THE EXECUTIVE ENGINEER IRRIGATION PROJECT DIVISION BEED
                                       AND ANOTHER
                                          VERSUS
                              CHANDRASEN JANARDHAN YADAV

                                               AND
                             998 CIVIL APPLICATION NO. 4997 OF 2026
                              IN FIRST APPEAL (ST) NO. 9704 OF 2026

             THE EXECUTIVE ENGINEER IRRIGATION DIVISION BEED AND OTHERS
                                       VERSUS
               SANTARAM ASHRUBA BHANGE (DIED) THROUGH L.RS. MANGAL
                            SANTRAM BHANGE AND OTHERS

                                                 …
             Mr. A.P. Raka h/f. Mr. S.W. Munde – Advocate for Applicants
                                                 …

                                    CORAM         : MANJUSHA DESHPANDE, J.
                                    DATE          : 21.08.2026

             PER COURT :
             1.      These applications are filed for condonation of delay of 2345, 2490

             and 1457 days, respectively. The sole respondent in all the applications

             has been served.
                              2                          979 CA 4987-2026, 980 & 998.odt


2.       For the reasons stated in paragraphs 5 to 7 of the respective

applications, the delay in filing the appeals is condoned. The applications

are allowed in terms of prayer clause ‘B’.


3.       The appeals be placed for admission after removal of office

objections, if any.



4.       The applications are accordingly disposed of.



                                             [ MANJUSHA DESHPANDE, J. ]




Pooja Kale/


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