Bombay High Court

Executive Engineer Central Railway Solapur Pune Latur Now at SolapurversusJalinder Bhimrao Nalawade Died Through LRs Kashinath and Ors

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

Holding

The Court condoned the delay in filing the appeals and confirmed the ad‑interim stay.

Summary

The Executive Engineer, Central Railway (the acquiring body), filed civil applications seeking condonation of delay of 996 days and 401 days in preferring its appeals against the respondents. The respondents did not contest the applications and no malafide intent was shown by the applicant. The Court, finding no objection, condoned the delay. An earlier ad‑interim stay on the compensation order was confirmed, as the compensation had already been deposited by the acquiring body. The applications were thereafter disposed of.

Issues considered

Whether the delay of 996 days and 401 days in filing the appeals can be condoned under the Code of Civil Procedure.
Whether the ad‑interim stay previously granted should be confirmed in view of the deposit of compensation.

Subjects

condonation of delay
civil appeal
stay of execution
compensation deposit
high court
acquiring body
railway

Judgment

2026:BHC-AUG:7903




                                             (1)                      103 CA 7428 OF 2025


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          103 CIVIL APPLICATION NO. 7428 OF 2025
                                     IN FAST/17079/2025
                                            WITH
                            CIVIL APPLICATION NO. 7429 OF 2025
                                     IN FAST/17079/2025

            EXECUTIVE ENGINEER CENTRAL RAILWAY SOLAPUR PUNE LATUR NOW AT
                                        SOLAPUR
                                         VERSUS
             JALINDER BALIRAM NALAWADE DIED THROUGH LRS KASHINATH AND
                                           ORS
                                          WITH
                           CIVIL APPLICATION NO. 7426 OF 2025
                                   IN FAST/17076/2025
                                          WITH
                           CIVIL APPLICATION NO. 7427 OF 2025
                                   IN FAST/17076/2025

           EXECUTIVE ENGINEER CENTRAL RAILWAY SOLAPUR PUNE LATUR NOW AT
                                             SOLAPUR
                                              VERSUS
            JALINDER BHIMRAO NALAWADE DIED THROUGH LRS KASHINATH AND
                                                ORS
                                                 …
           Mr. A. D. Soman h/f. Mr. D. V. Soman, Advocate for Applicant
           Mr. S. N. Morampalle, AGP for Respondent Nos.2 and 3/State
                                                 …

                                        CORAM      : SHAILESH P. BRAHME, J.
                                        DATE       : 20.02.2026

           PER COURT :-
           CIVIL APPLICATIONS FOR DELAY

           .         The applicant – acquiring body seeks to condone delay of 996 and
                                        (2)                        103 CA 7428 OF 2025


401 days in preferring their respective appeals.

2.          The averments of the applications have not been contested by the

respondents. There are no malafides on the part of the applicant – acquiring

body in preferring the appeals belatedly.

3.          The delay stands condoned.

FIRST APPEALS STAMP NO.

4.          Admit.    Learned     AGP    waives    service   of   notice    for    the

respondent/s-State.

5.          Call for Record and Proceeding. Print is dispensed with.

CIVIL APPLICATIONS FOR STAY

6.          As the amount of compensation has been deposited by the

acquiring body in pursuance of orders of this Court, ad-interim stay granted

earlier shall stands confirmed.

7.          Civil Applications are disposed of.



                                                     ( SHAILESH P. BRAHME, J. )
PRW

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