Created by Fuzzy Cloud

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/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.