Bombay High Court
THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT DIVISION, PARANDA, DIST. OSMANABADversusPANDURANG SATWAJI THAWARE (DIED) T/H L.RS. TARACHAND AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court held that the delay is condoned and the appeals may be registered subject to removal of office objections.
Summary
The Executive Engineers of three Osmanabad projects filed civil applications seeking condonation of delay in filing their appeals. The respondents, being heirs of deceased parties, did not appear despite notice. The court examined the applications and the submissions made therein. It found that the applicants had made a case for condoning the delay. Consequently, the court allowed the applications, condoning the delay and directing that the appeals be registered subject to removal of any office objections.
Issues considered
- Whether the delay in filing the appeals can be condoned under the applicable procedural law
Subjects
- condonation of delay
- civil appeal
- limitation period
- non-appearance
- High Court
Judgment
2026:BHC-AUG:24909
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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