Bombay High Court

THE EXECUTIVE ENGINEER, PATBANDHARE MAJBUTIKARAN VIBAGH OMERGA, DIST. OSMANABAD.versusSADASHIV SHANTIRAPPA PATIL DIED THR. LRS. VISHWANATH AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

Full payment by the acquiring body justifies making the stay absolute, and the Trust is granted a two‑week extension as a last chance to file its reply.

Summary

The Executive Engineer, acting as the acquiring body, deposited the entire amount payable in the court, prompting the bench to convert the earlier stay order into an absolute stay. Consequently, the applications filed by the acquiring body were allowed and disposed of. In separate proceedings, a Trust sought additional time to file a reply to an application for condonation of delay and an application for intervention. The court, exercising its discretion, granted the Trust a final two‑week extension to file its reply, with the condition that a copy be served on the opposite side. The matter was adjourned for further hearing on 1 October 2026.

Issues considered

Whether the stay previously granted should be vacated after full payment of the amount due by the acquiring body.
Whether the Trust should be permitted additional time to file a reply to the condonation of delay and intervention applications.

Subjects

stay order
absolute stay
condonation of delay
intervention
civil application
court discretion
extension of time

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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