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Bombay High Court

EXECUTIVE ENGINEER, PUNEGAON LEFT CANAL DIVISION NASHIKversusSAHAJI BALASAHEB SHIRSATH AND ORS.

Decided
Disposal
Allowed

Holding

The court condoned the delay in filing the appeal.

Summary

The Executive Engineer, Punegaon Left Canal Division, appealed against Sahaji Balasaheb Shirsath and others. The primary issue was the appellant's delay in filing the appeal. The court examined whether the delay could be condoned and found sufficient reasons to excuse it. Consequently, the delay was condoned, the interim application was allowed and disposed of. The court further directed that the paper book be filed within one year of the order.

Issues considered

  • Whether the delay in filing the appeal can be condoned
  • Whether the appellant must file the paper book within a stipulated period

Subjects

  • appeal
  • condonation of delay
  • paper book
  • civil appellate jurisdiction
  • procedural order

Judgment

                                                                                      71-FA(ST)-1041-2026.doc


                              Gayatri
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
                                                 CIVIL APPELLATE JURISDICTION
           by GAYATRI
GAYATRI  RAJENDRA
RAJENDRA SHIMPI
                                            FIRST APPEAL (ST) NO. 1041 OF 2026
SHIMPI   Date:
         2026.09.22
           15:44:39 +0530


                                                           WITH
                                          INTERIM APPLICATION NO. 1267 OF 2026
                                                           WITH
                                          INTERIM APPLICATION NO. 1268 OF 2026
                               Executive Engineer, Punegaon Left
                               Canal Division Nashik                  … Appellant
                                          V/s.
                              Sahaji Balasaheb Shirsath And Ors.      … Respondents
                              Mr. Chaitrali Deshmukh, for Appellant.
                              Mr. A. R. Patil, Addl. GP for State.
                              Ms. Riddhi Gurav i/b Mr. Sandeep Shinde, for
                              Respondents.
                                                   CORAM : AMIT BORKAR, J.

                                                             DATED      : SEPTEMBER 22, 2026
                              P.C.:
                                             INTERIM APPLICATION NO. 1267 OF 2026

                              1.        For the reasons stated in paragraph Nos. 5 to 8, delay in

                              filing Appeal is condoned.


                              2.        The application is allowed and disposed of.


                                                  FIRST APPEAL (ST) NO. 1041 OF 20256


                              3.        Admit.


                              4.        Paper book is to be filed within period of one year.


                                                                               (AMIT BORKAR, J.)



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