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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