Bombay High Court
The Executive Engineer Irrigation Project Strengthening Division Division Omerga Dist OsmanabadversusDyanandev Nivrutti Mule and Ors
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 326‑day delay and allowed the civil application, confirming the stay upon deposit of the amount.
Summary
The Executive Engineer, Irrigation Project Strengthening Division, filed a civil application seeking condonation of a 326‑day delay in filing its appeal. The delay was attributed to the time required to obtain necessary sanctions and administrative permissions, and the applicant asserted it was unintentional. The Court, after considering the explanation, condoned the delay and allowed the application as per prayer clause ‘B’, directing that the appeal be admitted after removal of any office objections. In a related application, the Court noted that the applicant had deposited the entire amount as directed, and consequently confirmed the stay previously granted. Both applications were thereafter disposed of.
Issues considered
- Whether a delay of 326 days in filing an appeal can be condoned under the Civil Procedure Code.
- Whether the stay order can be confirmed upon full deposit of the amount by the acquiring body.
Subjects
- condonation of delay
- civil procedure
- stay order
- appeal admission
- irrigation project acquisition
Judgment
2026:BHC-AUG:38255
1 945 CA 7944-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
945 CIVIL APPLICATION NO. 7944 OF 2025
IN FIRST APPEAL (ST) NO. 19770 OF 2025
WITH
CIVIL APPLICATION NO. 7945 OF 2025 IN FAST/19770/2025
THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGTHENING
DIVISION DIVISION OMERGA DIST OSMANABAD
VERSUS
DYANANDEV NIVRUTTI MULE AND OTHERS
…
Mr. Satish B. Parnere – Advocate for Applicant
Dr. Kalpalata B. Patil-Bharaswadkar – AGP for Respondent Nos.3 and
4/State
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
CIVIL APPLICATION NO. 7944 OF 2025
1. This application has been filed by the acquiring body for
condonation of delay of 326 days. The respondents are served pursuant
to the notice issued by this Court.
2. The reasons for delay are stated in paragraph 4 of the application.
It is submitted that, due to the usual procedure involved in obtaining
sanction and administrative permission from the respective authorities,
considerable time was consumed. Consequently, the delay occurred in
filing the appeal, which is stated to be unintentional.
2 945 CA 7944-2025.odt
3. In view of the explanation given in the application, the delay of
326 days stands condoned.
4. The Civil Application is allowed in terms of prayer clause ‘B’.
5. The appeal be placed for admission after removal of office
objections, if any.
6. The application is accordingly disposed of.
CIVIL APPLICATION NO. 7945 OF 2025 I
7. Learned Counsel for the applicant/acquiring body submits that, as
directed by this Court on 31.07.2025, the applicant has deposited the
entire amount and accordingly, the said amount has been deposited.
8. In view of the deposit of the entire amount, the stay granted by this
Court is confirmed. The stay application stands disposed of in terms of
prayer clause ‘B’.
[ MANJUSHA DESHPANDE, J. ]
Pooja Kale/
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