Bombay High Court

THE IRRIGATION OFFICER.NANDUR MADHYAMESHWAR PROJECT DIVISION.versusSHRI.KISAN LAXMAN BINNAR(DIED)a.SMT.BHAGIRATHI KISAN BINNAR AND ORS.

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The Court held that the delay in filing the appeal is condoned and the appeal is admitted.

Summary

The Irrigation Officer, Nandur Madhyameshwar Project Division (appellant) filed a first appeal against Kisan Laxman Binnar (deceased) and Bhagirathi Kisan Binnar & Ors. (respondents) in the High Court of Bombay. An interim application was filed seeking relief pending the disposal of the appeal. The Court allowed the interim application, condoning the delay in filing the first appeal. It admitted the appeal and ordered the appellant to file a paper book within one year from the date of the order. No substantive merits of the dispute were addressed; the order dealt solely with procedural matters. The decision reflects the Court’s discretion to condone delay and ensure compliance with procedural requirements.

Issues considered

Whether the delay in filing the first appeal can be condoned under the Civil Procedure Code
Whether the appeal should be admitted despite the delay

Subjects

Procedural law
Civil appeal
Condonation of delay
Interim application
High Court of Bombay

Judgment

                                                                            48-fast22180-2017.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL (ST.) NO. 22180 OF 2017
                                                       WITH
                                        CIVIL APPLICATION NO.2924 OF 2017

                      The Irrigation Officer, Nandur
                      Madhyameshwar Project Division               … Appellant
                                  V/s.
                      Kisan Laxman Binnar (dead) &
                      Bhagirathi Kisan Binnar & Ors.               … Respondents



                      Ms. Chaitrali Deshmukh for the appellant/applicant.
ATUL
GANESH                Mr. A.R. Patil, Additional G.P. for the respondent-State.
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.08.25
17:36:17 +0530                                     CORAM     : AMIT BORKAR, J.

                                                   DATED     : AUGUST 25, 2026
                      P.C.:
                      Civil Application No.2924 of 2017:

                      1.      For the reasons set out therein, the interim application is
                      allowed. The delay caused in filing the first appeal is condoned.

                      First Appeal (St.) No.22180 of 2017:

                      2.      Admit.

                      3.      Appellant to file paper book within one year from today.


                                                                    (AMIT BORKAR, J.)




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