Bombay High Court

EXECUTIVE ENGINEER KADWA CANALversusSUSHILA YASHWANT RAYATE AND ORS.

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The court allowed the first appeal and disposed of the interim applications seeking condonation of delay.

Summary

The Executive Engineer, Kadwa Canal Nashik Division filed an appeal against a decree involving Sindhubai Kedu Rayate and others. Several interim applications were filed seeking condonation of delay in filing the first appeal. The court examined the reasons provided in paragraphs 5 to 7 of the pleadings. It concluded that the delay could be condoned and that the first appeal should be entertained. Consequently, the court allowed the first appeal and disposed of all the interim applications.

Issues considered

Whether the delay in filing the first appeal should be condoned
Whether the first appeal is maintainable despite the delay

Subjects

condonation of delay
first appeal
interim application
civil procedure

Judgment

                                                                           31-ia-1269-2026 with.doc


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

                                    INTERIM APPLICATION NO.1269 OF 2026
                                                     IN
                                      FIRST APPEAL (ST) NO.1033 OF 2026
                                                    WITH
SHABNOOR                            INTERIM APPLICATION NO.4495 OF 2026
AYUB                                                 IN
PATHAN
Digitally signed by
                                      FIRST APPEAL (ST) NO.5252 OF 2026
SHABNOOR AYUB
PATHAN                                              WITH
Date: 2026.08.18
18:09:23 +0530                      INTERIM APPLICATION NO.4499 OF 2026
                                                     IN
                                      FIRST APPEAL (ST) NO.5225 OF 2026
                                                       WITH
                                    INTERIM APPLICATION NO.4497 OF 2026
                                                         IN
                                      FIRST APPEAL (ST) NO.5203 OF 2026


                      Executive Engineer, Kadwa                       Applicant
                      Canal Nashik Division                         … Appellant
                                 V/s.
                      Sindhubai Kedu Rayate & Ors.                  … Respondents

                      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.:


                      1.      For the reasons stated therein, particularly in paragraphs 5 to
                      7, all interim applications seeking condonation of delay in filing


                                                         1
                                                  31-ia-1269-2026 with.doc


First Appeal is allowed.

2.    All applications stands disposed of.


                                             (AMIT BORKAR, J.)




                                  2

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