Bombay High Court

THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABADversusTUKARAM NAMDEO KOKARE

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 191‑day delay in filing the first appeals and permitted the withdrawal of the deposited award amount with interest.

Summary

The petitioners filed a series of civil applications seeking condonation of a 191‑day delay in filing their first appeals and, alternatively, the withdrawal of an award amount that had been deposited by the acquiring body pursuant to a stay order. The respondents, the State of Maharashtra and other parties, opposed the condonation and the withdrawal. The Court examined whether the delay was sufficient cause for condonation and whether the deposited amount could be released to the claimants. It held that the delay, though substantial, could be condoned in the interest of justice, and that the award amount could be withdrawn with interest upon appropriate undertaking. Consequently, the applications were allowed, the delay was condoned, and the withdrawal of the deposited amount was permitted. The first appeals were scheduled for hearing on 29‑08‑2026.

Issues considered

Whether a delay of 191 days in filing first appeals can be condoned under the procedural law.
Whether the amount deposited by the acquiring body under a stay order may be withdrawn by the claimants with interest.

Subjects

condonation of delay
civil application
award deposit
withdrawal of amount
interest
stay order
High Court of Bombay

Judgment

2026:BHC-AUG:38194



                                                1
                                                               931-ca-6972-2026

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 6972 OF 2026
                                        IN FAST/1108/2023

                        Sopan Namdeo Kokare Died Thr Ramhari Sopan Kokare
                                                 VERSUS
                     The State Of Maharashtra Through The Collector Osmanabad
                                                    ...
                     Mr. L. C. Patil, Advocate for Applicant
                     Mr. B V. Virdhe, AGP for Respondents-State
                     Mr. G. B. Rajale, Advocate for Respondent no.3
                                                    ...
                                                   WITH
                     CIVIL APPLICATION NO. 7020 OF 2026 IN FAST/1207/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1414 OF 2023 IN FAST/1213/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1407 OF 2023 IN FAST/1210/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1404 OF 2023 IN FAST/1108/2023
                                                   WITH
                     CIVIL APPLICATION NO. 7021 OF 2026 IN FAST/1210/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1406 OF 2023 IN FAST/1210/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1403 OF 2023 IN FAST/1108/2023
                                                   WITH
                     CIVIL APPLICATION NO. 7019 OF 2026 IN FAST/1213/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1411 OF 2023 IN FAST/1207/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1409 OF 2023 IN FAST/1207/2023
                                                   WITH
                     CIVIL APPLICATION NO. 1413 OF 2023 IN FAST/1213/2023
                                                    …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                       DATED : 21ST AUGUST, 2026
                                   2
                                                    931-ca-6972-2026

P.C. :-

CIVIL APPLICATION NO. 1403 OF 2023
CIVIL APPLICATION NO. 1409 OF 2023
CIVIL APPLICATION NO. 1413 OF 2023
CIVIL APPLICATION NO. 1406 OF 2023

.         These application are filed for condonation of delay of
191 days caused in filing the respective First Appeals.

2.        For the reasons stated in the applications, applications
are allowed. Delay of 191 days caused in filing the First
Appeals stands condoned. Appeals be registered.


CIVIL APPLICATION NO. 1404 OF 2023
CIVIL APPLICATION NO. 1411 OF 2023
CIVIL APPLICATION NO. 1414 OF 2023
CIVIL APPLICATION NO. 1407 OF 2023


.         It is submitted by the learned Advocate for the
appellant/Acquiring Body that the award amount is deposited
by the Acquiring body pursuant to the stay order passed by
this Court.

2.        In view of the above, Civil Applications are disposed of.

CIVIL APPLICATION NO. 6972 OF 2026
CIVIL APPLICATION NO. 7020 OF 2026
CIVIL APPLICATION NO. 7019 OF 2026
CIVIL APPLICATION NO. 7021 OF 2026

.         These applications are filed seeking withdrawal of the

amount deposited by the appellant/Acquiring Body in this

Court.
                                    3
                                                     931-ca-6972-2026

2.      Mr.      L.   C.   Patil,   learned    Advocate    for   the

applicants/claimants submits that the award granted is very

meager.

3.      Considering this, Civil Applications are allowed. The

amount deposited by the appellant/Acquiring Body is

permitted to be withdrawn by the applicants/claimants with

interest accrued thereon upon furnishing usual undertaking to

the satisfaction of the learned Registrar (Judicial) of this

Court.

4.      Civil Applications stand disposed of.


FIRST APPEAL ST. NO.1108 OF 2023
FIRST APPEAL ST. NO.1207 OF 2023
FIRST APPEAL ST. NO.1213 OF 2023
FIRST APPEAL ST. NO.1210 OF 2023

.       Issue notice to the respondents. Mr. L. C. Patil, learned

Advocate waives service of notice for respondents/claimants.

2.      Place the appeals on 29.08.2026 for disposal.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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