Bombay High Court
The Executive Engineer, Osmanabad Medium Project Division, Dist. OsmanabadversusShivaji Babu Lawate (Died) T/h L.Rs. Kalawati and others
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court condoned the delay in filing the appeals and ordered the appeals to be registered subject to removal of office objections.
Summary
The Executive Engineer of the Osmanabad Medium Project Division filed three civil applications seeking condonation of delay in filing appeals against respondents who were heirs of deceased parties. Notices were served but none of the respondents appeared before the court. The court examined the applications and the submissions made by the applicant. Considering the circumstances, the court found that the delay was justified and could be condoned. Consequently, the applications were allowed, the delays were condoned, and the appeals were ordered to be registered subject to the removal of any office objections.
Issues considered
- Whether the delay in filing appeals can be condoned under the Civil Procedure Code
- Whether the absence of respondents despite service of notice affects the court's power to condone delay
Subjects
- delay
- condonation
- civil procedure
- appeals
- notice
- default
Judgment
2026:BHC-AUG:24908
980 to 982.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
980 CIVIL APPLICATION NO. 609 OF 2026
IN FAST/37412/2025
The Executive Engineer, Osmanabad Medium Project Division, Dist.
Osmanabad
VERSUS
Shivaji Babu Lawate (died) T/h L.rs. Kalawati And Others
...
Advocate for Applicant : Ms. Kulkarni Snehal Prashant
AGP for Respondent/State : Ms. R.R. Tandale
AND
981 CIVIL APPLICATION NO. 623 OF 2026
IN FAST/38723/2025
The Executive Engineer, Seena Kolegaon Project Division, Paranda,
Dist. Osmanabad
VERSUS
Pandurang Satwaji Thaware (died) T/h L.rs. Tarachand And Others
...
Advocate for Applicant : Ms. Kulkarni Snehal Prashant
AGP for Respondent/State : Mr. S.G. Sangle
AND
982 CIVIL APPLICATION NO. 678 OF 2026
IN FAST/1560/2026
The Executive Engineer, Osmanabad Medium Project Div.,
Osmanabad.
VERSUS
Narayan Pralhad Walse And Ors.
...
Advocate for Applicant : Ms. Kulkarni Snehal Prashant
AGP for Respondent/State : Mr. C.V. Bhadane
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JUNE 25, 2026
PER COURT :-
1. Heard learned advocates appearing for respective parties.
2. Although notice is served, none appears for respondent
nos.1 to 3.
980 to 982.odt
(2)
3. Perused the applications. Considering submissions
advanced and reasons as stated in applications, case is made out to
condone delay.
4. In result, applications are allowed. The delay caused in
filing appeals is condoned. The appeals be registered, subject to
removal of office objections.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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