Bombay High Court
The Exe. Engineer, Upper Pravara Project (Irrigation), Left / Right Canal, at Ghulewadi, AhmednagarversusDamu Sakharam Malunjkar (Died) 1. Subhash Damu Malunjkar
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The conditional stay is confirmed and the delay in filing the appeals is condoned.
Summary
The Executive Engineer of the Upper Pravara Irrigation Project filed multiple civil applications seeking a stay and condonation of delay against respondents Baban Chima Malunjkar and another. The acquiring body deposited the amount as directed by the Court on 31 August 2026, following an order dated 30 March 2026. The Court confirmed the conditional stay on the basis of this deposit. It also noted that Respondent No.2, though served, did not appear. The acquiring body satisfactorily explained the reasons for delay, which were held to be neither intentional nor deliberate, and the Court condoned the delay in filing the appeals. Consequently, the civil applications for stay and for delay were allowed and disposed of.
Issues considered
- What is the effect of the acquiring body's deposit of the directed amount on the conditional stay?
- Whether the delay in filing the appeals can be condoned despite the non‑appearance of Respondent No.2.
Subjects
- conditional stay
- delay condonation
- civil application
- irrigation project
- acquisition
Judgment
2026:BHC-AUG:44804
1 1017-CA.3711-26 & ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1017 CIVIL APPLICATION NO. 3711 OF 2026
IN FAST/8574/2026
THE EXE. ENGINEER, UPPER PRAVARA PROJECT
(IRRIGATION), LEFT / RIGHT CANAL, AT GHULEWADI,
AHMEDNAGAR
VERSUS
BABAN CHIMA MALUNJKAR AND ANOTHER
WITH CIVIL APPLICATION NO. 3701 OF 2026 IN
FAST/8577/2026 WITH CIVIL APPLICATION NO. 3702 OF
2026 IN FAST/8580/2026 WITH CIVIL APPLICATION NO.
3703 OF 2026 IN FAST/8580/2026 WITH CIVIL APPLICATION
NO. 3705 OF 2026 IN FAST/8583/2026 WITH CIVIL
APPLICATION NO. 3708 OF 2026 IN FAST/8586/2026 WITH
CIVIL APPLICATION NO. 3709 OF 2026 IN FAST/8589/2026
WITH CIVIL APPLICATION NO. 3710 OF 2026 IN
FAST/8589/2026 WITH CIVIL APPLICATION NO. 3712 OF
2026 IN FAST/8574/2026 WITH CIVIL APPLICATION NO.
3704 OF 2026 IN FAST/8583/2026 WITH CIVIL APPLICATION
NO. 3707 OF 2026 IN FAST/8586/2026 WITH CIVIL
APPLICATION NO. 3700 OF 2026 IN FAST/8577/2026
...
Advocate for Applicant : Ms. Sarita Vivek Gaikwad.
...
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 24.09.2026
PER COURT :-
1. Learned advocate appearing for the appellant/acquiring
body submits that the acquiring body has deposited the
amount as directed by this Court vide order dated 30.03.2026.
The amount is deposited on 31.08.2026. In view of the
2 1017-CA.3711-26 & ors.odt
amount deposited by the acquiring body, the conditional stay
granted by this Court is confirmed.
2. Civil applications for stay are allowed and accordingly
disposed of.
Civil Applications for Delay
3. Although respondent No.2 though served, none appears.
4. The reasons for delay have been satisfactorily explained
by the acquiring body in the applications. The delay is neither
intentional nor deliberate. The delay occurred in filing the
appeals are condoned.
5. Civil applications for delay are allowed and accordingly
disposed of.
(MANJUSHA A. DESHPANDE, J.)
...
vmk/-
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