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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