Bombay High Court

THE EXECUTIVE ENGINEER, PATBANDHARE MAJBUTIKARAN VIBAGH OMERGA, DIST. OSMANABAD.versusMARUTI DEVMANDIR DEVSTHAN TRUST THROUGH PRESIDENT MAHADEV CHANDBAS LAMJANE,

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The stay was made absolute upon full deposit, and a two‑week extension was granted for filing the reply.

Summary

The Executive Engineer (acquiring body) filed civil applications seeking to enforce a stay that had been earlier granted. The appellant deposited the full payable amount in the court, leading the judge to convert the provisional stay into an absolute stay and to allow and dispose of those applications. In separate applications filed by a Trust, the Trust sought additional time to file a reply to a condonation of delay and an intervention application. The court, exercising its discretion, granted a two‑week extension, directing that any reply be served on the opposite side and adjourned the matter to 1 October 2026. No substantive merits of the underlying disputes were addressed; the orders were procedural in nature.

Issues considered

The court must decide whether the stay granted earlier can be made absolute upon the appellant’s deposit of the entire payable amount.
The court must determine whether to grant a further extension of time for filing a reply to a condonation of delay and intervention application.

Subjects

stay order
deposit of amount
condonation of delay
extension of time
civil application
high court procedure

Judgment

                                                    10-sr913.CA.13010.2023 and ors


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               CIVIL APPLICATION NO. 13010 OF 2023
                        IN FAST/31154/2023

                          The Executive Engineer,
         Patbandhare Majbutikaran Vibhagh, Omerga, Dist. Osmanabad.
                                     Vs
                     Sadashiv Shantirappa Patil and ors.

                               AND
               CIVIL APPLICATION NO. 13008 OF 2023
                        IN FAST/31158/2023

                                       ----
Mr.G.B.Rajale, Advocate for acquiring body
Mr.S.N.Kendre, AGP for State
Mr.Dinesh Daud h/f. Mr.M.D.Shinde, advocate for Trust
                                       ----

                CIVIL APPLICATION NO. 10900 OF 2025
                         IN FAST/31158/2023

                                AND
                CIVIL APPLICATION NO.13007 OF 2023
                        IN FAST/31158/2023
                                 ….

                            CORAM :        AJIT B. KADETHANKAR, J.
                            DATE  :        SEPTEMBER 09, 2026
ORDER :-

In Civil Application Nos. 13010 of 2023 and 13008 of 2023:-


             It is pointed out that the acquiring body/appellant has

deposited the entire payable amount in this court. In view of the same,

the stay granted earlier is made absolute.              The applications stand

allowed and disposed of
                                    2                      10-sr913.CA.13010



In Civil Application Nos.10900 of 2025 and 13007 of 2023:-


            Learned advocate for the Trust seeks time to file reply to

the application for condonation of delay and the application for

intervention. As a last chance, time of two weeks is granted for filing

reply. If reply is filed, copy be served on the other side. Stand over

to 01.10.2026.



                                 [AJIT B. KADETHANKAR, J.]
                               ………..


KBP

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