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2026 DAILYLAW 10544 (BOM)

THE EXECUTIVE ENGINEER, AKOLA PATHBANDHARE DIVISION, AKOLA v. MOHHAMAD FARUQ MOHHAMAD FAZAL AND OTHERS

CAF/3925/2025 · 2026-09-23

Special Leave Petitionbody2026

Judgment text

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53 caf 3925-2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3925 OF 2025 IN FIRST APPEAL ST. NO. 4145 OF 2025 The Executive Engineer, Akola Pathbandhare Division, Akola VERSUS Mohhamad Faruq Mohhamad Fazal And Others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri P.B. Patil, Advocate for appellant Shri Rajmeher Nishane, Advocate h/f Shri S.N. Chikhale, Advocate for respondent No.1 Ms Mrunal Naik, AGP for respondents/State CORAM : PRAVIN S. PATIL, J. DATE : 23.09.2026 1. By the present application, the appellant is seeking condonation of 463 days delay in preferring the appeal before this Court. 2. The averments made in the present application are controverted by the respondent No.1 by filing reply mainly on the ground that as per the provisions of the Act, delay cannot be condoned. 3. The learned Counsel for appellant has pointed out that the Hon’ble Supreme Court of India in SLP No. 215- 216/2023 considered this aspect and held that in the cases, where sufficient reasons are recorded for condonation of delay, the delay can be condoned. 53 caf 3925-2025.odt 2 4. Perusal of the application filed by the present appellant shows that sufficient reasons are recorded for condonation of delay. Hence, for the reasons stated in the application, delay of 463 days caused in filing the appeal is hereby condoned. 5. Civil application stands disposed of accordingly. 6. The Registry is directed to register the appeal and list the same accordingly. (PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 24/09/2026 10:52:34