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Bombay High Court

EXECUTIVE ENGINEER,versusNAMDEO BABURAO RANDHAVE AND OTHERS

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay and allowed the appeal to proceed.

Summary

The Executive Engineer filed a first appeal against a decree, but the appeal was lodged 2 years and 49 days beyond the prescribed period. The appellant sought condonation of the delay, submitting reasons for the tardiness. The High Court examined the reasons and, finding them satisfactory, exercised its discretion to condone the delay. Consequently, the interim application for condonation was allowed and the appeal was scheduled for hearing on 27 October 2026. No substantive merits of the original dispute were addressed in this order.

Issues considered

  • Whether the delay of 2 years and 49 days in filing the first appeal can be condoned under the provisions of the Civil Procedure Code.

Subjects

  • condonation of delay
  • civil procedure
  • first appeal
  • high court
  • statute of limitations

Judgment

                                                                          13-FA(ST)-728-2020.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
           18:35:43
           +0530
                                      FIRST APPEAL (ST) NO. 728 OF 2020

                        Executive Engineer                     … Appellant
                                   V/s.
                        Namdeo Baburao Randhave And Ors,       … Respondents
                                                    WITH
                                    INTERIM APPLICATION NO. 406 OF 2020
                                                    WITH
                                    INTERIM APPLICATION NO. 405 OF 2020
                                                    WITH
                                      FIRST APPEAL (ST) NO. 492 OF 2020
                                                    WITH
                                    INTERIM APPLICATION NO. 288 OF 2020
                                                    WITH
                                    INTERIM APPLICATION NO. 287 OF 2020
                                                    WITH
                                        FIRST APPEAL NO. 2280 OF 2025
                                                    WITH
                                    INTERIM APPLICATION NO. 404 OF 2020
                                                     IN
                                        FIRST APPEAL NO. 2280 OF 2025
                                                    WITH
                                   INTERIM APPLICATION NO. 2502 OF 2026
                                                     IN
                                        FIRST APPEAL NO. 2280 OF 2025

                        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



                                                        1
                                                      13-FA(ST)-728-2020.doc


P.C.:

INTERIM APPLICATION NO. 405 OF 2020.

1.      This Court in connected Appeal has already condoned of 2
years & 49 days in filing Appeal.

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 on 27 October 2026.


                                               (AMIT BORKAR, J.)




                                    2


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