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Bombay High Court

THE EXECUTIVE ENGINEER,MINOR IRRIGATION DEPARTMENTversusRAGHUNATH BHIMA @ BHIMAJI TAMBERE AND ORS.

Decided
Disposal
Disposed Off

Holding

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

Summary

The Executive Engineer of the Minor Irrigation Department appealed against Raghunath Bhima and others. The primary issue was whether the delay in filing the appeal could be condoned. The court, after considering the reasons set out in paragraphs 5 and 7, held that the delay was excusable and condoned it. An interim application concerning the deposit of 74% of a sum with the reference court and the requirement to deposit the balance within eight weeks was also disposed of. Consequently, the appeal was admitted and the interim application was allowed.

Issues considered

  • Whether the delay in filing the appeal can be condoned under procedural law
  • Whether the interim application for deposit of the balance amount is to be entertained

Subjects

  • delay condonation
  • appeal filing
  • interim application
  • deposit of money
  • irrigation department

Judgment

                                                                               86-FA(ST)-12292-2023.doc



                                                                                             Sayali



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
SAYALI
DEEPAK
          by SAYALI
          DEEPAK
          UPASANI
                                             CIVIL APPELLATE JURISDICTION
          Date:
UPASANI   2026.08.25
          16:38:57 +0530


                                           FIRST APPEAL (ST) NO. 12292 OF 2023


                             The Executive Engineer, Minor
                             Irrigation Department                        … Appellant
                                         V/s.
                             Raghunath Bhima @ Bhimaji
                             Tambere And Ors.                             … Respondents

                                                            WITH
                                         INTERIM APPLICATION NO. 16690 OF 2023
                                                            WITH
                                         INTERIM APPLICATION NO. 16689 OF 2023


                             Ms. Chaitrali Deshmukh with Mr. Vikas More, for
                             Appellant.
                             Mr. A. R. Patil, Additional GP for State- Respondent.


                                                          CORAM     : AMIT BORKAR, J.

                                                          DATED     : AUGUST 25, 2026

                             P.C.:

                                         INTERIM APPLICATION NO. 16689 OF 2023
                             1.      For the reasons stated in paragraph nos. 5 and 7, delay in
                             filing appeal is condoned.

                             2.      Application is allowed and disposed of.



                                                               1
                                               86-FA(ST)-12292-2023.doc


              FIRST APPEAL (ST) NO. 12292 OF 2023

3.   Appeal Admit.

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



            INTERIM APPLICATION NO. 16690 OF 2023

5.   It is stated that that the amount of 74% has been
deposited with the Reference Court.

6.   Time to deposit balance amount is deposited within eight
weeks from today.

7.   The Interim Application is disposed of.


                                          (AMIT BORKAR, J.)




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