Bombay High Court

EXECUTIVE ENGINEER, NANDUR MADHYAMESHWAR PROJECT,versusGOVIND LAXMAN SABLE DECASED THR. LRS. 1A. KACHARU GOVIND SABLE AND ORS.

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The Court condoned the delay of two years and sixty‑two days and allowed the interim application.

Summary

The Executive Engineer of the Nandur Madhyameshwar Project filed an interim application seeking condonation of a delay of two years and sixty‑two days in filing a first appeal against the decree in favor of the respondents. The High Court examined the reasons provided for the delay and, having found them satisfactory, exercised its discretion to condone the delay. The court allowed the application, thereby permitting the appeal to proceed, and ordered that the first appeal (No. 77 of 2023) be listed for hearing on 27 October 2026. No substantive merits of the original dispute were addressed in this order. The order concludes with the application being disposed of.

Issues considered

Whether the delay of two years and sixty‑two days in filing the first appeal can be condoned under procedural law

Subjects

condonation of delay
civil appeal
procedural law
high court

Judgment

                                                                           12-FA(ST)-236-2020.doc


                        Vivekanand
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
           VIVEKANAND
VIVEKANAND RAJENDRA
                                         CIVIL APPELLATE JURISDICTION
RAJENDRA   BONDE
BONDE      Date:
           2026.09.01
           18:35:42
           +0530
                                       FIRST APPEAL (ST) NO. 236 OF 2020

                        Executive Engineer, Nandur
                        Madhyameshwar Project                        … Appellant
                                     V/s.
                        Govind Laxman Sable Decased
                        Thr. Lrs. 1a. Kacharu Govind
                        Sable And Ors.                               … Respondents
                                                     WITH
                                      INTERIM APPLICATION NO. 142 OF 2020
                                                     WITH
                                      INTERIM APPLICATION NO. 141 OF 2020
                                                     WITH
                                          FIRST APPEAL NO. 77 OF 2023
                                                     WITH
                                      INTERIM APPLICATION NO. 241 OF 2020
                                                      IN
                                          FIRST APPEAL NO. 77 OF 2023

                        Ms. Chaitrali Deshmukh, for the Appellant.
                        Mr. A. R. Patil, Addl. GP, for the State-Respondent No.
                        2.
                        Mr. Sarfaraj Shaikh i/b Mr. Sachin Gite, for the
                        Respondents.


                                                   CORAM        : AMIT BORKAR, J.

                                                   DATED        : SEPTEMBER 1, 2026
                        P.C.:

                                INTERIM APPLICATION NO. 141 OF 2020.

                        1.      This Court in connected Appeal has already condoned of 2
                        years & 62 days in filing Appeal.




                                                            1
                                                     12-FA(ST)-236-2020.doc


2.    Therefore,   considering   the   reasons     assigned     in    the
application, delay in filing Appeal is condoned.

3.    The application is allowed and disposed of.

4.    List the First Appeal along with First Appeal No. 77 of 2023
on 27 October 2026.


                                             (AMIT BORKAR, J.)




                                 2

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