Bombay High Court
THE EXECUTIVE ENGINEER HETVANE CANAL DIVISION, RAIGADversusSMT. HAJIRA ISMAIL BODHALE AND ORS.
- Decided
- Disposal
- Allowed
Holding
The delay in filing the first appeal is condoned.
Summary
The Executive Engineer, Hetvane Canal Division, Raigad appealed against Harija Ismail Bodhale & Ors. The respondents failed to appear despite service. The court considered the delay in filing the first appeal and, relying on its reasoning (paragraphs 5‑7), condoned the delay. The interim application seeking relief was allowed, and the appellant was directed to file a paper book within one year. Additionally, a second interim application was listed for hearing on 8 September 2026.
Issues considered
- Whether the delay in filing the first appeal can be condoned?
Subjects
- appeal
- condonation of delay
- interim application
- civil procedure
Judgment
25-fast13752-2023 with IAs.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST.) NO. 13752 OF 2023
WITH
INTERIM APPLICATION NO.9162 OF 2024
WITH
INTERIM APPLICATION NO.9161 OF 2024
The Executive Engineer, Hetvane
Canal Division, Raigad … Appellant
V/s.
Harija Ismail Bodhale & Ors. … Respondents
ATUL
GANESH Ms. Chaitrali Deshmukh for the appellant.
KULKARNI
Digitally signed by
Mr. A.R. Patil, Additional G.P. for the State.
ATUL GANESH
KULKARNI
Date: 2026.08.25
17:36:15 +0530
CORAM : AMIT BORKAR, J.
DATED : AUGUST 25, 2026
P.C.:
Interim Application No.9161 of 2024:
1. Despite service, the respondents failed to appear.
2. For the reasons stated in paragraphs 5 to 7, the delay caused
in filing the first appeal is condoned.
3. Interim Application is allowed.
First Appeal (St.) No.13752 of 2023:
4. Admit.
5. Appellant to file paper book within one year from today.
1
25-fast13752-2023 with IAs.doc
Interim Application No.9162 of 2024:
6. List this interim application on 8 September 2026.
(AMIT BORKAR, J.)
2
Checking your session…