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
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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. ]
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