Bombay High Court

THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRGIATION DIVISIONversusPRABHU BHANUDAS PAWAR AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The Court held that the 299‑day delay is condoned and the first appeal shall be registered.

Summary

The Executive Engineer, Osmanabad Irrigation Department filed a civil application seeking condonation of a 299‑day delay in filing its first appeal. The applicant argued that the delay was due to reasons explained in the application and that there was no malafide intent. The respondents did not contest the averments made in the application. The Court observed that the respondents had not controverted the applicant’s explanations and found no evidence of bad faith. Accordingly, the Court allowed the application, condoned the delay, and directed that the first appeal be registered. The civil application was thereafter disposed of.

Issues considered

Whether a delay of 299 days in filing a first appeal can be condoned under the Civil Procedure Code

Subjects

condonation of delay
first appeal
civil procedure
High Court
registration of appeal

Judgment

2026:BHC-AUG:5429




                                                 1                          53 ca 7248.24

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 7248 OF 2024
                                              IN
                              FIRST APPEAL STAMP NO. 12504 OF 2024

                           The Executive Engineer, Osmanabad
                           Irrigation Department                      .. Applicant

                                Versus

                           Prabhu Bhanudas Pawar @
                           Prabhakar Bhanudas Thakar and others ..       Respondents

                    Ms. Vaishali S. Swami, Advocate h/f Shri Mahesh C. Swami,
                    Advocate for the Applicant.
                    Shri Shaikh Shoyab Mohammad Israil, Advocate for the
                    Respondent No. 1
                    Shri S. V. Hange, A.G.P. for the Respondent Nos. 2 and 3.

                                      CORAM : SHAILESH P. BRAHME, J.
                                       DATE : 06TH FEBRUARY, 2026.

                    FINAL ORDER :


                    .      Aplicant seeks to condone delay of 299 days caused in filing
                    first appeal. It is submitted that for the reasons stated in the
                    application, the delay deserves to be condoned.


                    2.     Averments in the application have not been controverted
                    by the respondents. There are no malafides on the part of the
                    applicant in preferring the appeal belatedly.


                    3.     For the reasons mentioned in the application, the civil
                              2                          53 ca 7248.24

application is allowed. The delay stands condoned. Office shall
register the first appeal. The civil application is disposed of.

                                  [ SHAILESH P. BRAHME J. ]


bsb/Feb. 26

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