Bombay High Court

THE EX. DIRECTOR, TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON AND ORSversusPITAMBAR DODHA PATIL AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The stay of the judgment and award was granted because the required 50% compensation had been deposited and the Court had authorized its withdrawal.

Summary

The Ex. Director of Tapi Irrigation Development Corporation filed a civil application seeking a stay of the judgment and award dated 29‑04‑2019, which had ordered the acquiring body to deposit 50% of the compensation with interest. The High Court had earlier directed that the amount be deposited and allowed interim relief, and on 13‑08‑2026 permitted the claimant to withdraw the deposited sum. The applicant argued that since the required 50% had already been deposited and withdrawal permission was granted, a stay was appropriate. The Court examined the compliance with the earlier order and found no impediment to granting the stay. Consequently, the Court allowed the civil application and disposed of the matter as per prayer clause ‘B’, effectively staying the earlier judgment.

Issues considered

Whether the civil application for a stay of the judgment and award should be granted when the mandated 50% compensation amount has already been deposited and withdrawal permission has been issued.

Subjects

stay of judgment
civil application
compensation deposit
interest
High Court
interim relief
judgment enforcement

Judgment

                                    1


      IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                 BENCH AT AURANGABAD


              902 CIVIL APPLICATION NO. 3125 OF 2022
                           IN FA/2228/2026
                WITH FIRST APPEAL NO. 2228 OF 2026
    THE EX. DIRECTOR, TAPI IRRIGATION DEVELOPMENT
             CORPORATION JALGAON AND OTHERS
                                VERSUS
             PITAMBAR DODHA PATIL AND OTHERS
                                     ...
Advocate for Appellants : Mr. S. P. Nimbalkar
                          h/f. Mr. Tambe Rahul A.
Advocate for Respondent No.1 :Adv. M. S. Andhale
                                h/f. Mr. A. B. Kale
                                    …

                          CORAM : MANJUSHA DESHPANDE, J.
                             Dated : August 20, 2026

PER COURT :-

1.    This is an application for stay to the judgment and award dated

29.04.2019 passed by the learned Civil Judge, Senior Division, Jalgaon in

L.A.R.No.671/2011 wherein this Court on 15.03.2022 has directed to

acquiring body to deposit 50% of the amount of compensation with

accrued interest awarded by the Reference Court. Subject to deposit the

amount, the ad-interim relief was granted.      It is submitted that the

amount is already deposited and it is also allowed to be withdrawn by the

claimant pursuant to the permission granted by this Court by order dated

13.08.2026.
                                     2


2.    In view of the same, the learned Advocate for the applicant submits

that the said application for stay may be allowed. 50% of the amount is

directed by the Court is already deposited.

3.    Civil Application is allowed in terms of prayer clause 'B' and

accordingly disposed of.



In First Appeal No. 2228/2026

      Admit.




                                     ( MANJUSHA DESHPANDE, J. )
shp

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