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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

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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