Bombay High Court

EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, NASHIKversusTRIMBAK GOVINDA KHADE AND ORS.

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The court allowed the interim application and condoned the delay in filing the first appeal, admitting the appeal.

Summary

The appellant, Executive Engineer of the Minor Irrigation Department, Nashik, filed an interim application (No. 16615 of 2023) seeking relief under prayer clause (b). The High Court allowed the interim application and considered the appellant's delay in filing the first appeal (No. 12302 of 2023). The court examined whether the delay could be condoned under the principles of equity and procedural law. It held that the delay was excusable and therefore condoned. The court admitted the appeal and directed the appellant to file the paper book within one year. No substantive merits of the underlying dispute were addressed in the order.

Issues considered

Whether the delay in filing the first appeal can be condoned?
Whether the interim application seeking relief under prayer clause (b) should be allowed?

Subjects

condonation of delay
interim application
first appeal
civil procedure
high court

Judgment

                                                                           57-fast12302-2023.doc


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

                                  FIRST APPEAL (ST) NO. 12302 OF 2023
                                                 WITH
ATUL                            INTERIM APPLICATION NO. 16615 OF 2023
GANESH
KULKARNI
                   Executive Engineer, Minor
Digitally signed
by ATUL GANESH
KULKARNI
                   Irrigation Department, Nashik                  … Appellant
Date: 2026.09.22
17:23:41 +0530
                               V/s.
                   Trimbak Govinda Khade And Ors.                 … Respondents

                   Ms. Chaitrali Deshmukh with Mr. Vikas More for the
                   Appellant/Applicant.
                   Mr. A.R. Patil, Additional G.P. for State.


                                                 CORAM      : AMIT BORKAR, J.

                                                 DATED      : SEPTEMBER 22, 2026
                   P.C.:

                   Interim Application No. 16615 of 2023:

                   1.      For the reasons stated in paragraph No. 5, the interim
                   application is allowed in terms of prayer clause (b).

                   2.      The delay in filing first appeal is condoned.

                   First Appeal (St.) No. 12302 of 2023:

                   3.      Admit.

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


                                                                  (AMIT BORKAR, J.)




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