Bombay High Court

The Superintendent Engineer, Tapi Irrigation Development Corporation Jalgaon And AnrversusVitthal Pandurang Mali Died Thr. Lrs. Kusum Vitthal Mali and ors

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay in filing the appeal and confirmed the stay upon receipt of the 75% deposit.

Summary

The Superintendent Engineer of TAPI Irrigation Development Corporation filed an appeal after a delay of 2,434 days. The delay was explained and the corporation deposited 75% of the award amount as directed by the Court. The respondents were served and an Additional Government Pleader appeared for respondents 7 and 8. The Court, after considering the reasons and the partial deposit, condoned the delay and disposed of the civil application for condonation. Subsequently, having received the 75% deposit, the Court confirmed the stay previously granted on 19‑08‑2025. Both the condonation application and the stay application were therefore disposed of.

Issues considered

Whether a delay of 2,434 days in filing an appeal can be condoned under the provisions governing civil applications for condonation of delay.
Whether the stay granted earlier should be confirmed upon the appellant's deposit of 75% of the award amount.

Subjects

condonation of delay
stay of execution
award deposit
civil application
high court
appeal delay

Judgment

2026:BHC-AUG:42280


                                                  1                      973..odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 8898 OF 2025
                                     IN FAST/21373/2025
                                           WITH
                            CIVIL APPLICATION NO. 8899 OF 2025
                                     IN FAST/21373/2025

                  THE SUPERINTENDENT ENGINEER, TAPI IRRIGATION
                   DEVELOPMENT CORPORATION JALGAON AND ANR
                                          VERSUS
              VITTHAL PANDURANG MALI DIED THR. LRS. KUSUM VITTHAL
                                     MALI AND ORS
                                               ...
                     Advocate for Applicants : Mr. Tambe Rahul Ashokrao
                     AGP for Respondent nos. 7 & 8 : Ms. Preeti Diggikar
                                              …

                                         CORAM : MANJUSHA DESHPANDE, J.

                                         DATE     : 11th SEPTEMBER, 2026

              PER COURT :

              Civil Application for condonation of delay :

              1.           The Appeal has been filed by the acquiring body. There is a

              delay of 2434 days in filing the Appeal.

              2.           All the Respondents are served. Learned AGP appears for

              Respondent nos. 7 and 8.

              3.           The delay occurred in filing the Appeal has been explained

              by the acquiring body and they have also deposited 75% of the amount

              under the award as directed by this Court.
                                      2                       973..odt


4.            For the satisfactory reasons mentioned in the Civil

Application, the Civil Application for condonation of delay deserves to

be allowed. Delay is condoned.

5.            Civil Application is accordingly disposed of.



Civil Application for stay :

6.            In furtherance of the order passed by this Court on

19.08.2025, the Appellant / acquiring body has deposited the amount on

20.04.2026.

7.            In view of the deposit of 75% of the amount under the

award, the stay granted by this Court vide order dated 19.08.2025, is

confirmed.

8.            Civil Application for stay is disposed of.




                                      ( MANJUSHA DESHPANDE, J. )




SPC

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