Bombay High Court

EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD UNDER G.M.I.D.C. AURAGABAD AND ORSversusVITHAL MAHADEO SUKALE

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the 189‑day delay in filing the first appeal is condonable as sufficient cause was shown and the applicant being the acquiring authority, in line with Supreme Court precedent.

Summary

The applicant, an ex‑engineer of the Minor Irrigation Division, filed a civil application seeking condonation of a 189‑day delay in filing a first appeal. Service of notice was effected on the respondent, Vithal Mahadeo Sukale, but no appearance was made. The applicant’s counsel argued that the delay was neither deliberate nor due to any lethargy on the part of the applicant. The Court referred to the Supreme Court’s decision in Sheo Raj Singh v. Union of India, where a 479‑day delay was condoned, and considered that the applicant, being the acquiring authority, had shown sufficient cause. Accordingly, the Court allowed the application, condoning the delay and ordering that the first appeal be registered with notice to the respondent. The matter was set for return on 6 October 2026.

Issues considered

Whether a delay of 189 days in filing a first appeal can be condoned under the provisions of the Code of Civil Procedure.

Subjects

condonation of delay
first appeal
civil procedure
high court
supreme court precedent

Judgment

2026:BHC-AUG:41840



                                                      1
                                                                     933 CA 6983 OF 2023

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 933 CIVIL APPLICATION NO. 6983 OF 2023
                                            IN FAST/16176/2023
                                                   WITH
                                   CIVIL APPLICATION NO. 6982 OF 2023
                                            IN FAST/16176/2023

                            EX. ENGINEER, MINOR IRRIGATION DIVISION,
                       OSMANABAD UNDER G.M.I.D.C. AURAGABAD AND ORS
                                               VERSUS
                                      VITHAL MAHADEO SUKALE
                                                   ...
                     Mr. B. R. Survase, Advocate for Applicant
                                                   …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 8th September 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 6982 OF 2023

                     .         This Civil Application is filed seeking condonation of

                     delay of 189 days in filing the First Appeal. Despite service to

                     respondent/claimant on more than one occasion, nobody

                     caused appearance.

                     2.        Mr. B. R. Survase, learned Advocate for the applicant –

                     acquiring submits that the delay caused in filing the appeal is

                     neither deliberate nor attributable to any lethargy on the part

                     of the applicant.
                                    2
                                                      933 CA 6983 OF 2023

3.    A profitable reference can be made to the Judgment &

Order passed by the Honorable Supreme Court in the case of

Sheo Raj Singh (Deceased through LRs.) & Ors. V/s Union of

India and ors. [Civil Appeal No.5867 of 2015 dated 09-10-

2023]. The Honorable Supreme Court was dealing with an

Appeal wherein High Court’s order condoning delay of 479

days caused in filing a First Appeal by the Government against

a Judgment & Award passed in Land Acquisition Reference

was under challenge.

4.    For     the   reasons   stated      in   the    application   and

considering the fact that the applicant is the acquiring body, I

am satisfied that sufficient cause is shown for condonation of

delay. Hence, the Civil Application is allowed. The delay

caused in filing the First Appeal stands condoned.

5.    First Appeal be registered.

FIRST APPEAL

6.    Issue    notice   to    the       respondent,    returnable     on

06.10.2026.



                                        ( AJIT B. KADETHANKAR, J. )

PRW

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