Bombay High Court

The Executive Engineer, Lift Irrigation Division , Osmanabad T/h GMIDC, AurangabadversusIshwar Govind Kolte and Others

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 1,425‑day delay and disposed of the civil application.

Summary

The Executive Engineer of the Lift Irrigation Division, Osmanabad filed an application seeking condonation of a 1,425‑day delay in filing a civil application. The sole issue before the Bench was whether such a lengthy delay could be excused under the procedural law. Counsel for the applicant explained the reasons for the delay, which the Court found satisfactory. No substantive legal arguments or precedents were cited. Accordingly, the Court condoned the delay and disposed of the civil application.

Issues considered

Whether a delay of 1,425 days in filing the civil application can be condoned under the Code of Civil Procedure

Subjects

condonation of delay
civil procedure
high court
lift irrigation
application disposal

Judgment

2026:BHC-AUG:36943
                                                                           947-CA-9127-26.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 9127 OF 2026
                           IN FIRST APPEAL (ST) NO. 23948 OF 2026

          The Executive Engineer
          Lift Irrigation Division, Osmanabad                   ..APPLICANT
                VERSUS
          Ishwar Govind Kolte and Others                        ..RESPONDENTS

                          WITH CIVIL APPLICATION NO. 9129 OF 2026
                           IN FIRST APPEAL (ST) NO. 23952 OF 2026

          The Executive Engineer
          Lift Irrigation Division, Osmanabad                   ..APPLICANT
                       VERSUS
          Kisan Narayan Wagh and Others                         ..RESPONDENTS

                          WITH CIVIL APPLICATION NO. 9131 OF 2026
                           IN FIRST APPEAL (ST) NO. 23957 OF 2026

          The Executive Engineer
          Lift Irrigation Division, Osmanabad                   ..APPLICANT
                       VERSUS
          Bhagubai Janardhan Jagdale and Others                 ..RESPONDENTS

                                               ....
          Ms. V.S. Swami, Advocate h/f Mr. M.C. Swami, Advocate for Applicant
          Mrs. K.B. Patil-Bharaswadkar, Addl.G.P. for respondent no.1 - State
                                               ....

                                            CORAM : MANJUSHA A. DESHPANDE, J.
                                            DATE : 14th AUGUST, 2026

          PER COURT :

          1.         Heard.


          2.         This is an application filed by the Acquiring Body for condonation

          of delay of 1425 days in filing the Application.

                                              1 / 2
                                                                   947-CA-9127-26.odt




3.         Mr. Abhijit More, learned counsel submits that he has instructions

to appear for Respondent No.1 – claimant.


4.         The delay of 1425 days, which is satisfactorily explained by the

Applicant – acquiring body, is condoned. Civil application is disposed of.




                                            ( MANJUSHA A. DESHPANDE, J. )

SSD




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