Bombay High Court

EXE. ENGINEER (CIVIL), CIVIL CONSTRUCTION PROJECT, MSPGCL, THERMAL POWER STATION, PARLI VAIJNATHversusVACHISHTHA YADAV KUKADE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court stayed execution of the judgment and award, subject to the Appellant depositing the full amount awarded with accrued interest within twelve weeks.

Summary

The Acquiring Body filed first appeals against a judgment and award after delays of 645 and 737 days. The Applicants sought to challenge the judgment and award of the Joint Civil Judge, while the Respondents waived service of notice. The Court examined whether the delay could be condoned and whether a stay of execution was appropriate. It ordered that execution of the impugned judgment and award be stayed, provided the Appellant deposits the entire awarded amount with accrued interest within twelve weeks. The order also set a return date for further compliance.

Issues considered

Whether the delay of 645 and 737 days in filing the first appeals can be condoned under the Civil Procedure Code.
Whether a stay of execution of the judgment and award should be granted pending deposit of the awarded amount with interest.

Subjects

delay in appeal
stay of execution
civil procedure
judgment and award
deposit of award
interest
high court

Judgment

                              1                       923- & 924-CA-10498-2026.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                  923 CIVIL APPLICATION NO. 10498 OF 2026
                             IN FAST/29113/2026

 Exe. Engineer (civil), Civil Construction Project, Mspgcl, Thermal Power
                           Station, Parli Vaijnath
                                  VERSUS
                    Kantabai Sopan Maske And Others

                                   WITH
                   CIVIL APPLICATION NO. 10499 OF 2026
                            IN FAST/29113/2026

 Exe. Engineer (civil), Civil Construction Project, Mspgcl, Thermal Power
                           Station, Parli Vaijnath
                                  VERSUS
                    Kantabai Sopan Maske And Others

                                    AND
                  924 CIVIL APPLICATION NO. 10500 OF 2026
                             IN FAST/29158/2026

 Exe. Engineer (civil), Civil Construction Project, Mspgcl, Thermal Power
                           Station, Parli Vaijnath
                                  VERSUS
                  Vachishtha Yadav Kukade And Others

                                   WITH
                   CIVIL APPLICATION NO. 10501 OF 2026
                            IN FAST/29158/2026

 Exe. Engineer (civil), Civil Construction Project, Mspgcl, Thermal Power
                           Station, Parli Vaijnath
                                  VERSUS
                  Vachishtha Yadav Kukade And Others
                                     ...
Mr. Aakash Gade for the Applicants.
Adv.T.G. Gaikwad for Respondent Nos.1 & 2 and 1 to 3 in the respective
Applications.
Ms.Vaishali Chaudhari, AGP for the Respondent/State in CA/10498/26.
Ms.Deepali Jape, AGP for the Respondent/State in CA/10500/2026.

Sunny Thote
                             2                        923- & 924-CA-10498-2026.odt




                      CORAM         : MANJUSHA DESHPANDE, J.
                      DATE          : 10.09.2026
PER COURT :


                          DELAY APPLICATIONS

1.            There is a delay of 645 and 737 days in filing the First

Appeals by the Acquiring Body, issue notice to the Respondents,

returnable on 8th October, 2026. The learned Advocate, Mr.Gaikwad,

waives service of notice on behalf of Respondent Nos.1 and 2 in Civil

Application No.10498 of 2026 and Respondent Nos.1 to 3 in Civil

Application No.10500 of 2026. The learned AGPs waives service of notice

on behalf of the Respondent/State in their respective Applications.


                           STAY APPLICATIONS

2.            The learned Advocate for the Applicants are challenging the

Judgment and Award passed by the Joint Civil Judge Senior Division,

Amabajogai, District Beed in L.A.R. Nos.9 of 2011 and 33 of 2010, issue

notice to the Respondents, returnable on 8th October, 2026. The learned

Advocate, Mr.Gaikwad, waives service of notice on behalf of Respondent

Nos.1 and 2 in Civil Application No.10498 of 2026 and Respondent Nos.1

to 3 in Civil Application No.10500 of 2026. The learned AGPs waives

service of notice on behalf of the Respondent/State in their respective

Applications.




Sunny Thote
                             3                       923- & 924-CA-10498-2026.odt


3.            There shall be stay to the execution and implementation of

the impugned Judgment and Award, subject to the Appellant depositing

the entire amount awarded along with accrued interest, within a period

of twelve weeks.


                                         [ MANJUSHA DESHPANDE, J. ]




Sunny Thote

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