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Bombay High Court

THE EXECUTIVE ENGINEER (K.K.V.M.) IRRIGATION PROJECTversusRAMDAS BABURAO DALAVE AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay was satisfactorily explained and therefore condoned, resulting in the disposal of the application.

Summary

The Executive Engineer (K.K.V.M.) Irrigation Project filed a civil application seeking acquisition, but there was a delay of 505 days in filing. The court issued notice to the respondents; Respondent No. 1 did not appear, while an Additional Government Pleader appeared for Respondents Nos. 2 and 3. The acquiring body submitted reasons for the delay, which the court found satisfactory. Consequently, the court condoned the delay. The civil application was thereafter disposed of by the bench.

Issues considered

  • Whether the 505‑day delay in filing the civil application can be condoned under the applicable procedural law?

Subjects

  • delay condonation
  • civil procedure
  • notice service
  • non‑appearance
  • acquisition
  • irrigation project

Judgment

2026:BHC-AUG:42282


                                                    1                        975..odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 9406 OF 2025
                                       IN FAST/23334/2025

               THE EXECUTIVE ENGINEER (K.K.V.M.) IRRIGATION PROJECT
                                         VERSUS
                        RAMDAS BABURAO DALAVE AND ORS
                                              ...
                    Advocate for Applicant : Mr. Kulkarni Snehal Prashant
                     AGP for Respondent Nos. 2 & 3 : Mr. K.S. Hoke Patil
                                             …

                                         CORAM : MANJUSHA DESHPANDE, J.
                                         DATE : 11th SEPTEMBER, 2026

              PER COURT :

              1.             This Appeal has filed by the acquiring body. There is a delay

              of 505 days.

              2.             After issuing notice to the Respondents, Respondents have

              been served. None appears for contesting Respondent no. 1. Learned

              AGP appears for Respondent nos. 2 and 3.

              3.             For the satisfactory reasons stated in the Application by the

              acquiring body, delay is condoned.

              4.             Civil Application stands disposed of.




                                                     ( MANJUSHA DESHPANDE, J. )

              SPC


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