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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