Bombay High Court
The Executive Engineer, Irrigation Project Division, Beed and AnotherversusChandrasen Janardhan Yadav
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that the delay in filing the appeals was condoned, permitting the appeals to be admitted.
Summary
The Executive Engineer, Irrigation Project Division, Beed and others filed three civil applications seeking condonation of delay of 2,345, 2,490 and 1,457 days respectively in their appeals. The sole respondent in each case was duly served. The Court examined the reasons set out in paragraphs 5 to 7 of each application and found sufficient cause to condone the delay. Accordingly, the applications were allowed in terms of prayer clause ‘B’ and the appeals were ordered to be placed for admission after removal of any office objections. The applications were thereafter disposed.
Issues considered
- Whether a delay of more than four years in filing an appeal can be condoned under the Civil Procedure Code.
- Whether service of the sole respondent satisfies the requirement for condonation of delay.
- Whether the appeals may be admitted after the court condones the delay.
Subjects
- condonation of delay
- civil appeal
- admission of appeal
- procedural law
- service of notice
Judgment
2026:BHC-AUG:38148
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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