Bombay High Court
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORSversusRAJARAM NANA INGALE
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the civil application, condoned the 2,532‑day delay, and ordered the first appeal to be registered.
Summary
The Executive Engineer, Minor Irrigation Division, Osmanabad and others (the acquiring body) were aggrieved by a judgment and award dated 14 January 2016 passed by the 2nd C.J.S.D., Osmanabad in L.A.R. No. 803 of 2013 and filed a first appeal. The appeal was delayed by 2,532 days, which the applicants attributed to administrative exigencies, particularly the unavailability of funds to pay court fees. They filed a civil application seeking condonation of the delay and also obtained permission to amend the title clause to include the legal representatives of the deceased respondent, Rajaram Nana Ingale. The Court, relying on the Supreme Court’s guidelines in Sheo Raj Singh (Deceased through LRs.) v. Union of India (Civil Appeal No. 5867 of 2015, 09‑10‑2023), found the reasons for delay non‑deliberate and allowed the application. Consequently, the delay was condoned and the first appeal was ordered to be registered. The judgment also directed the applicants to complete the online amendment of the title within four weeks.
Issues considered
- Whether a delay of 2,532 days in filing a first appeal can be condoned under civil procedure law?
- Whether the amendment of the title clause to include legal representatives of a deceased respondent is permissible?
Subjects
- condonation of delay
- first appeal
- civil procedure
- title amendment
- court fees
- administrative delay
- Supreme Court guidelines
Judgment
2026:BHC-AUG:45717
937-CA-5622-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 5622 OF 2023
IN
FIRST APPEAL (ST) NO. 13619 OF 2023
The Executive Engineer,
Minor Irrigation Division, Osmanabad
and Others ..APPLICANTS
VERSUS
Rajaram Nana Ingale
(Died) Through L.Rs.
Kantabai Rajaram Ingale and Others ..RESPONDENTS
....
Mr. S.P. Sonpawale, Advocate for Applicants
Mr. K.B. Jadhavar, A.G.P. for State
Mr. P.B. Rakhunde, Advocate for Respondents
....
CORAM : AJIT B. KADETHANKAR, J.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
1. Being aggrieved by the judgment and award dated 14 th January,
2016 passed by the learned 2nd C.J.S.D., Osmanabad in L.A.R. No. 803 of
2013, the applicant – acquiring body has preferred this appeal. However,
there is delay of 2532 days caused in preferring this appeal.
2. By way of present application, the acquiring body has sought
condonation of delay. It is stated that the delay is not deliberate nor
intentional. Whatever delay is caused is due to administrative exigency
including making available the funds for court fees. Mr. Sonpawale, learned
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937-CA-5622-23.odt
counsel submits that unless the court fees is available, the acquiring body
could not file the first appeal. It is further submitted that the acquiring body
has even deposited entire award amount in this Court.
3. In view of order passed by this Court today in Civil Application No.
10953 of 2026, the applicants are permitted to amend the title clause by
incorporating the names of legal representatives of deceased – Rajaram
Ingale. Accordingly, for the purpose of disposing this civil application,
learned counsel for the applicant has carried out amendment physically and
undertakes to cause online amendment within four weeks as ordered in the
said civil application.
4. For the reasons stated in the application and in view of the
guidelines laid down by the Hon’ble Supreme Court in case of Sheo Raj Singh
(Deceased through LRs.) & Ors. V/s Union of India and Ors. [Civil Appeal
No.5867 of 2015 dtd.09-10-2023], I found that the application deserves to be
allowed.
5. Accordingly, civil application is allowed. Delay of 2532 days
caused in filing the first appeal stands condoned. First appeal be registered.
( AJIT B. KADETHANKAR, J. )
SSD
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