Created by Fuzzy Cloud

Bombay High Court

The Executive Engineer Minor Irrigation Project Strengthening Division Omerga Tq Omerga Dist OsmanaversusRajendra Dagdu Jadhav Died His LRS, Swati and other

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed withdrawal of 50% of the deposited amount with conditions, ordered investment of the remaining 25% in a bank, granted the stay, and condoned the 833‑day delay.

Summary

The claimants filed a civil application seeking withdrawal of an amount that had been deposited in the court following an interim order directing the Acquiring Body to deposit 75% of the award. The court permitted the claimants to withdraw 50% of the deposited amount upon furnishing a standard undertaking, directing that the remaining 25% be invested in a nationalised bank for a suitable period. In a related application, the court granted a stay in accordance with the prayer clause, disposing of that application. Another application sought condonation of an 833‑day delay in filing a first appeal; the court, after considering the explanation, condoned the delay. All three applications were subsequently disposed of by the court.

Issues considered

  • Whether the claimants are entitled to withdraw the deposited amount and under what conditions
  • Whether a stay of proceedings should be granted in light of the withdrawal
  • Whether the delay of 833 days in filing the first appeal can be condoned

Subjects

  • Civil Procedure
  • Withdrawal of Amount
  • Stay of Proceedings
  • Condonation of Delay
  • Interim Relief

Judgment

2026:BHC-AUG:41471
                                                  1                        974-CA-8801-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               974 CIVIL APPLICATION NO. 8801 OF 2026
                                          IN FAST/30015/2025

                Rajendra Dagadu Jadhav Since Dead Thr Lrs Swati Rajendra Jadhav
                                             VERSUS
               The Executive Engineer Minor Irrigation Project Strengthening Division
                                             Omerga

                                                WITH
                                CIVIL APPLICATION NO. 11489 OF 2025
                                         IN FAST/30015/2025

               The Executive Engineer Minor Irrigation Project Strengthening Division
                                 Omerga Tq Omerga Dist Osmana
                                             VERSUS
                      Rajendra Dagdu Jadhav Died His Lrs, Swati And Other

                                                WITH
                                CIVIL APPLICATION NO. 11490 OF 2025
                                         IN FAST/30015/2025

              The Executive Engineer Minor Irrigation Project Strengthening Division
                                Omerga Tq Omerga Dist Osmana
                                            VERSUS
                      Rajendra Dagdu Jadhav Died His Lrs Swati And Other
                                                ...
             Mr.Amardeep Naiknaware h/f Mr.A.A. Nimbalkar for the Applicants
             Ms.Deepali Jape, AGP for the Respondent/State.
                                               ….
                                 CORAM         : MANJUSHA DESHPANDE, J.
                                     DATE             : 04.09.2026
             PER COURT :

             CIVIL APPLICATION NO.8801 OF 2026

             1.              This Civil Application filed by the claimants for withdrawal

             of amount. This Court while granting ad-interim relief has directed to


             Sunny Thote
                                     2                         974-CA-8801-2026.odt


deposit 75% of the amount under the impugned Judgment and Award.

Accordingly, the amount is deposited in this Court.

2.            The Applicants are allowed to withdraw 50% of amount,

which is deposited by the Acquiring Body, upon furnishing the usual

undertaking to the Registrar (Judicial) of this Court.

3.            Rest of the 25% of the amount shall be invested in a

Nationalised Bank for an appropriate period.

4.            In view thereof, the Civil Application is disposed off.


CIVIL APPLICATION NO. 11490 OF 2025

5.            In view of the withdrawal of amount deposited by the

Acquiring Body, the Civil Application for Stay is allowed in terms of

Prayer Clause [B].

6.            Accordingly, the Civil Application is disposed off.


CIVIL APPLICATION NO. 11489 OF 2025


7.            This Civil Application is filed for condonation of delay of 833

days for filing the First Appeal.

8.            Considering the explanation given in the Civil Application,

the delay of 833 days is condoned.

9.            In view thereof, the Civil Application is disposed off.



                                            [ MANJUSHA DESHPANDE, J. ]

Sunny Thote


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.