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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 permitted withdrawal of 50% of the deposited amount, ordered investment of the remaining 25% in a nationalised bank, allowed the stay application, and condoned the 833‑day delay in filing the first appeal.

Summary

The claimants filed a civil application seeking withdrawal of an amount deposited pursuant to an earlier judgment and award. The High Court, having earlier directed the depositing body to place 75% of the amount in the court, allowed the claimants to withdraw 50% of that sum upon furnishing a standard undertaking, while directing that the remaining 25% be invested in a nationalised bank for a suitable period. In a related application for a stay, the court granted the stay as per the prayer clause. A separate application for condonation of an 833‑day delay in filing the first appeal was also entertained, and the court, after considering the explanation, condoned the delay. All three civil applications were subsequently disposed of by the court.

Issues considered

  • Whether the claimants may withdraw 50% of the amount deposited by the acquiring body.
  • Whether the remaining 25% of the amount must be invested in a nationalised bank.
  • Whether the stay application filed by the claimants should be allowed.
  • Whether the delay of 833 days in filing the first appeal can be condoned.

Subjects

  • Civil application
  • Withdrawal of amount
  • Stay order
  • Condonation of delay
  • Interim relief
  • High Court

Judgment

2026:BHC-AUG:41472
                                                  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


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