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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