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 delay in filing the first appeal and granted a stay of 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 a civil application seeking condonation of a 108‑day delay in filing its first appeal against an award. The court, noting that the sole respondent had already appeared, dispensed with notice and accepted the Acquiring Body’s explanation, thereby condoning the delay. Consequently, the court ordered that the first appeal be registered. In a separate civil application, the Acquiring Body asserted that it had already deposited 60% of the amount due under the impugned award. The court stayed the execution and implementation of the award, conditioning the stay on the deposit of the remaining 40% within twelve weeks. Both applications were disposed of in the applicant’s favour.
Issues considered
- Whether a delay of 108 days in filing the first appeal can be condoned.
- Whether a stay of execution of the award can be granted subject to the deposit of the balance amount.
Subjects
- condonation of delay
- stay of execution
- award
- civil application
- first appeal
- deposit of amount
- minor irrigation
- acquisition
Judgment
2026:BHC-AUG:41552
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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