Bombay High Court

The Exe. Engineer, Girna Kalva Nutanikaran, Vibhag No. 2, Jalgaon Now Jalgaon Medium Project No. 2versusShrilal Shankar Pardeshi (Dead) through L.Rs. Kaushalyabai Shrilal Pardeshi and Ors.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the 138‑day delay in filing the first appeals is condoned, allowing the appeals to be registered.

Summary

The Executive Engineer of the Girna Kalva Nutanikaran project filed three civil applications seeking condonation of a 138‑day delay in filing first appeals against orders affecting the project. The applications argued that the delay was justified and requested the Court to allow the appeals to proceed. The Court examined the reasons provided and, finding them satisfactory, condoned the delay and ordered the registration of the first appeals. It also issued a notice to the respondents, set a return date, and accepted a waiver of service of notice by the respondent’s advocate. Additionally, the Court stayed the execution of the impugned order, directing the appellant to deposit the entire amount with interest within eight weeks. The applications were therefore allowed and the first appeals were permitted to proceed.

Issues considered

Whether a delay of 138 days in filing a first appeal can be condoned under procedural law.
Whether a stay of execution of the impugned order is warranted pending the filing of the first appeal.

Subjects

condonation of delay
first appeal
civil application
stay of execution
notice waiver
High Court of Bombay

Judgment

                                 (1)                10 to 12-CA-8037-2026




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

              10 CIVIL APPLICATION NO. 8037 OF 2026
                        IN FAST/9942/2026
The Exe. Engineer, Girna Kalva Nutanikaran, Vibhag No. 2, Jalgaon Now
                    Jalgaon Medium Project No. 2,
                               VERSUS
                    Surekha Prakash Patil And Ors.
                                 AND
              11 CIVIL APPLICATION NO. 8038 OF 2026
                          IN FAST/9942/2026
The Exe. Engineer, Girna Kalva Nutanikaran, Vibhag No. 2, Jalgaon Now
                    Jalgaon Medium Project No. 2,
                               VERSUS
                    Surekha Prakash Patil And Ors.
                                 AND
              12 CIVIL APPLICATION NO. 8039 OF 2026
                          IN FAST/9938/2026
The Exe. Engineer, Girna Kalva Nutanikaran, Vibhag No. 2, Jalgaon Now
                      Jalgaon Medium Project No. 2
                                VERSUS
   Shrilal Shankar Pardeshi (dead) Through L.rs. Kaushalyabai Shrilal
                            Pardeshi And Ors.
                                  WITH
                  CIVIL APPLICATION NO. 8040 OF 2026
                           IN FAST/9938/2026
                                    ...
Mr. Sandesh R. Patil, Advocate for Applicant.
Mr. N. S. Tekale, AGP for Respondent-State.
                              CORAM : KISHORE C. SANT &
                                         JITENDRA JAIN, JJ.

                              DATE     : 03rd SEPTEMBER 2026.
                                       (2)               10 to 12-CA-8037-2026




PC :-

CA/8037/2026 and CA/8039/2026

1.      Heard the parties.

2.      These civil applications are filed for condonation of delay of 138

days caused in filing the first appeals filed by the acquiring body.

3.      For the reason stated in the applications, delay stands condoned.

Applications are allowed. Office to register First Appeals.

4.      With these civil applications stand allowed.

FIRST APPEALS

5.      Heard.

6.      Issue notice to the Respondents, returnable on 29/10/2026.

7.      Learned Advocate Mr. Kale waives service of notice for

Respondent/claimant.

8.      Call record and proceedings.

CA/8038/2026 and CA/8040/2026

9.      Till the next date, there shall be stay to the execution,

implementation of the impugned order subject to applicant/appellant
                                   (3)                 10 to 12-CA-8037-2026




depositing entire amount in the office of this Court alongwith interest as

per impugned judgment and award within a period of eight (8) weeks.



    [JITENDRA JAIN, J.]                    [KISHORE C. SANT, J.]
D.A.ETHAPE

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