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Bombay High Court

The Executive Engineer, Girna Kalva Nutanikaran Vibhag No. 2, Jalgaon and anotherversusManik Soma Patil (Died) T/h L.Rs. Raghunath and others

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

Since the acquiring body complied with the Court’s compensation order, the stay application is disposed, but the stay remains in effect pending the appeal.

Summary

The Executive Engineer, Girna Kalva Nutanikaran Vibhag No. 2, Jalgaon (the acquiring body) sought a stay in a land acquisition matter involving the heirs of the deceased Manik Soma Patil. The High Court had earlier ordered the acquiring body to deposit full compensation with interest, which it complied with. The applicants then moved for a stay, but the Court noted that the compliance satisfied the earlier order. Consequently, the application for stay was disposed of, although the stay granted earlier will continue to operate during the pendency of the appeal. The judgment thus confirms compliance and terminates the stay application while preserving the stay pending the appeal.

Issues considered

  • Whether the stay application should be disposed of after the acquiring body has deposited the full compensation with interest as ordered by the Court
  • Whether the stay previously granted should continue to operate during the pendency of the appeal

Subjects

  • land acquisition
  • compensation
  • stay of proceedings
  • appeal
  • High Court

Judgment

2026:BHC-AUG:42554
                                                1                           947-CA-13416-2025.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               947 CIVIL APPLICATION NO. 13416 OF 2025
                                            IN FA/845/2026

              The Executive Engineer, Girna Kalva Nutanikaran Vibhag No. 2, Jalgaon
                                           And Another
                                             VERSUS
                     Manik Soma Patil (died) T/h L.rs. Raghunath And Others
                                                ...
             Mr.Vivek Vishnu Tarde for the Applicants.
             Ms.Deepali Jape, AGP for the Respondent/State.
                                                ...

                                     CORAM          : MANJUSHA DESHPANDE, J.
                                     DATE           : 10.09.2026
             PER COURT :


             1.              The learned Advocate for the Applicants/Acquiring Body

             submits that, pursuant to the order passed by this Court on 9th

             December, 2025, the Acquiring Body has deposited the entire amount of

             compensation along with accrued interest, as directed by this Court.

             2.              In view of the compliance of the aforesaid order passed by

             this Court, the Application seeking stay stands disposed of.

             3.              The stay granted by this Court shall continue to operate

             during the pendency of the present Appeal.



                                                        [ MANJUSHA DESHPANDE, J. ]




             Sunny Thote


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