Bombay High Court

The Executive Engineer, Minor Irrigation Division, JalnaversusThe State of Maharashtra through Collector, Jalna and Others

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the delay, being short and unopposed, is condoned.

Summary

The Executive Engineer, Minor Irrigation Division, Jalna filed three separate civil applications (Nos. 9651, 9653 and 9655 of 2026) seeking condonation of delay of 224, 200 and 259 days respectively in filing appeals against orders of the State of Maharashtra. The delay was alleged to be short and was not contested by the counsel appearing for the State. The High Court examined whether such a delay could be condoned under procedural law. Finding that the delay was minimal and unopposed, the Court exercised its discretion to condone the delay. Consequently, the applications for condonation were granted and the civil applications were disposed of.

Issues considered

Whether a delay of 224, 200 and 259 days in filing an appeal can be condoned under the applicable procedural law?

Subjects

condonation of delay
civil appeal
procedural law
High Court of Bombay
acquisition proceedings

Judgment

                                 1                      947 to 949.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

           947 CIVIL APPLICATION NO. 9651 OF 2026
                      IN FAST/21337/2026
 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
                            JALNA
                           VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                              …
          Advocate for Applicant : Mr. Shivraj B Kadu
      AGP for Respondent/s – State : Ms. Vaishali Chaudhari
     Advocate for Respondent Nos. 3a to 3d : Mr. V.M. Humbe
                              …

                            AND
           948 CIVIL APPLICATION NO. 9653 OF 2026
                      IN FAST/21313/2026
 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
                               JALNA
                              VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA
                          AND OTHERS
                                 ...
            Advocate for Applicant : Mr. Shivraj B Kadu
 AGP for Respondent/s – State : Ms. Dr. Kalpalata Patil Bharaswadkar
      Advocate for Respondent Nos. 3 & 4 : Mr. V.M. Humbe
                                 …

                            AND
           949 CIVIL APPLICATION NO. 9655 OF 2026
                      IN FAST/21363/2026
 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
                           JALNA
                          VERSUS
  THE STATE OF MAHARASHTRA THROUGH TAHSHILDAR,
                   JALNA AND OTHERS
                              ...
          Advocate for Applicant : Mr. Shivraj B Kadu
                                    2                        947 to 949.odt


        AGP for Respondent/s – State : Ms. Vaishali Chaudhari
        Advocate for Respondent Nos. 3 to 7 : Mr. V.M. Humbe
                                …
                       CORAM : MANJUSHA DESHPANDE, J.
                       DATE : 28th AUGUST, 2026


PER COURT :

1.          In all these three Appeals, the Applications are filed for

condonation of delay of 224, 200 and 259 days, respectively. The

Appeals are filed by the acquiring body.

2.          It is stated that the delay is for a short period and does not

opposed by the learned Advocate appearing for the Claimant. As such,

delay is condoned.

3.          Civil Applications stand disposed of.




                                    ( MANJUSHA DESHPANDE, J. )




SPC

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