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Bombay High Court

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALNA, DIST. JALNA AND ORS.versusRAMESHWAR MAGANSING GUSINGE

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 108‑day delay and allowed the first application, and stayed execution of the award subject to the deposit of the remaining 40 % within twelve weeks.

Summary

The Executive Engineer, Minor Irrigation Division, Jalna (the Acquiring Body) filed Civil Application No. 9334 seeking condonation of a 108‑day delay in filing its first appeal. The court, noting that the sole respondent had already appeared, dispensed with notice, accepted the Acquiring Body’s explanation and condoned the delay, allowing the application and ordering the first appeal to be registered. In a separate Civil Application No. 9335, the Acquiring Body contended that 60% of the amount payable under an impugned award had been deposited and sought a stay of execution. The court granted a stay, conditioning it on the deposit of the remaining 40% of the award amount within twelve weeks, and thereafter disposed of the application. Both applications were thus disposed with the specified directions.

Issues considered

  • Whether a delay of 108 days in filing a first appeal can be condoned under the Civil Procedure Code
  • Whether execution of an award can be stayed pending the deposit of the balance amount

Subjects

  • condonation of delay
  • stay of execution
  • civil application
  • first appeal
  • award
  • deposit condition

Judgment

2026:BHC-AUG:41551
                                                  1                       918-CA-9334-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               918 CIVIL APPLICATION NO. 9334 OF 2026
                                          IN FAST/14665/2024

              The Executive Engineer, Minor Irrigation Division, Jalna, Dist. Jalna And
                                                Ors.
                                             VERSUS
                                 Rameshwar Magansing Gusinge

                                                WITH
                                 CIVIL APPLICATION NO. 9335 OF 2026
                                         IN FAST/14665/2024

             The Executive Engineer, Minor Irrigation Division, Jalna, Dist. Jalna And
                                               Ors.
                                             VERSUS
                                Rameshwar Magansing Gusinge
                                                ...
             Mr.Munde Suresh Walmikrao for the Applicants.
             Mr.Vilas M. Humbe for the sole Respondent.
                                               ….
                                 CORAM         : MANJUSHA DESHPANDE, J.
                                     DATE             : 04.09.2026
             PER COURT :


             CIVIL APPLICATION NO. 9334 OF 2026

             1.              This Civil Application has been filed by the Acquiring Body

             seeking condonation of delay of 108 days in filing the First Appeal. Since

             the sole Respondent has already caused appearance, issuance of notice is

             dispensed with. Considering the explanation furnished by the Acquiring

             Body for the delay of 108 days, the delay is condoned.

             2.              In view of the above, the Civil Application is allowed and

             stands disposed of accordingly.

             Sunny Thote
                                   2                        918-CA-9334-2026.odt


3.            Upon disposal of the present Civil Application, the First

Appeal be registered.

CIVIL APPLICATION NO. 9335 OF 2026

4.            Learned Advocate for the Applicants/Acquiring Body submits

that 60% of the amount payable under the impugned Award has already

been deposited before the Executing Court.

5.            There shall be a stay to the execution and implementation of

the impugned Judgment and Award, subject to the condition that the

Acquiring Body shall deposit the remaining 40% of the amount payable

under the Award before the Executing Court within a period of twelve

weeks.

6.            With the aforementioned directions, the present Civil

Application stands disposed off.



                                          [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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