Bombay High Court

EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, NASHIKversusLAXMAN GANPAT BENDKOLI AND ORS.

Decided: 22 September 2026
Disposal: Allowed

Holding

The court condoned the delay in filing the first appeal.

Summary

The appellant, an Executive Engineer of the Minor Irrigation Department, Nashik, filed an interim application seeking relief against the respondents, Laxman Ganpat Bendkoli and others. The court considered the appellant's request to condone the delay in filing the first appeal. Relying on procedural principles, the court allowed the interim application in part and expressly condoned the delay. The appeal was admitted and the appellant was directed to file a paper book within one year. No substantive merits of the underlying dispute were addressed in this order.

Issues considered

Whether the delay in filing the first appeal can be condoned?

Subjects

interim application
condonation of delay
first appeal
civil procedure
High Court

Judgment

                                                                           56-fast11249-2023.doc


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

                                  FIRST APPEAL (ST) NO. 11249 OF 2023
                                                 WITH
ATUL                            INTERIM APPLICATION NO. 16709 OF 2023
GANESH
KULKARNI
                   Executive Engineer, Minor
Digitally signed
by ATUL GANESH
KULKARNI
                   Irrigation Department, Nashik                  … Appellant
Date: 2026.09.22
17:23:39 +0530
                               V/s.
                   Laxman Ganpat Bendkoli 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. 16709 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. 11249 of 2023:

                   3.      Admit.

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


                                                                  (AMIT BORKAR, J.)




                                                       1

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.