Bombay High Court

EXECUTIVE ENGINEER KADWA CANALversusBABAN AMRUTA KALE AND ANR

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The Court allowed condonation of delay, permitting the first appeal to be heard.

Summary

The Executive Engineer, Kadwa Canal Nashik Division filed a first appeal against a decree involving Sindhubai Kedu Rayate & Ors., but the appeal was lodged after the statutory period. The appellant sought condonation of the delay through several interim applications. The respondents opposed the condonation, arguing that the delay was unexplained and that procedural rules should be strictly applied. The Court, after considering the reasons detailed in paragraphs 5 to 7 of the application, found sufficient cause to excuse the delay. Consequently, the Court allowed the condonation of delay, thereby permitting the first appeal to proceed. All interim applications were disposed of following this order.

Issues considered

Whether the delay in filing the first appeal can be condoned under the provisions of the Civil Procedure Code.

Subjects

condonation of delay
first appeal
interim application
Civil Procedure Code
High Court of Bombay

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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