Bombay High Court

EXECUTIVE ENGINEER KADWA CANALversusRAJARAM SAHADU TADAKHE AND ANR.

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The court allowed the condonation of delay and extended the deposit period by eight weeks.

Summary

The appellant, Shabnoor Ayub Pathan, filed a first appeal against the order of the respondents, Rajaram Sahadu Tadakhe & others. The appeal was filed after the prescribed period, prompting the appellant to move Interim Application No. 4493 seeking condonation of delay. The court examined the reasons for the delay as set out in paragraphs 5 to 7 of the application. Finding the explanation satisfactory, the court allowed the condonation of delay. In a separate Interim Application No. 4494, the appellant requested an extension of time to deposit the required amount. The court granted an eight‑week extension from the date of the order. Both interim applications were therefore allowed.

Issues considered

Whether the court should condone the delay in filing the first appeal
Whether the court should extend the time for depositing the amount

Subjects

condonation of delay
extension of time
interim application
civil appellate jurisdiction
deposit of amount

Judgment

                                                                               33-fa-st-5218-2026.doc


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

                                      FIRST APPEAL (ST) NO.5218 OF 2026
                                                    WITH
                                    INTERIM APPLICATION NO.4494 OF 2026
                                                    WITH
SHABNOOR                            INTERIM APPLICATION NO.4493 OF 2026
AYUB
PATHAN
Digitally signed by
                      Executive Engineer Kadwa Canal               … Applicant
SHABNOOR AYUB
PATHAN                           V/s.
                      Rajaram Sahadu Tadakhe & Ors.                … Respondents
Date: 2026.08.18
18:09:22 +0530




                      Ms. Chaitrali Deshmukh, for the Appellant/Applicant.
                      Mr. A. R. Patil, Addl. GP, for the State – Respondent.
                      Mr. Aman Kazi i/b Sachin Gite, for Respondent.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : AUGUST 18, 2026
                      P.C.:
                      INTERIM APPLICATION NO.4493 OF 2026
                      1.      For the reasons stated in paragraphs 5 to 7, the interim
                      application seeking condonation of delay in filing First Appeal is
                      allowed.

                      INTERIM APPLICATION NO.4494 OF 2026

                      2.      The period for depositing the amount is extended by eight
                      weeks from today.

                                                                    (AMIT BORKAR, J.)




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