Bombay High Court

The Exe. Engineer, Upper Pravara Project (Irrigation), Left / Right Canal, at Ghulewadi, AhmednagarversusMacchindra Prabhu Sawant

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The conditional stay is confirmed and the delay in filing the appeals is condoned.

Summary

The Executing 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 the order dated 30 March 2026. The Court confirmed the conditional stay on the basis of this deposit and disposed of the stay applications. Although respondent No.2 was served, he did not appear. The Court found the explanations for the delay in filing appeals satisfactory, held that the delay was neither intentional nor deliberate, and therefore condoned it. Consequently, the civil applications for delay were also allowed and disposed of.

Issues considered

What is the effect of the acquiring body's deposit on the conditional stay previously granted?
Whether the delay in filing the appeals should be condoned.

Subjects

stay order
condonation of delay
civil application
deposit
acquisition
irrigation project

Judgment

2026:BHC-AUG:44810
                                                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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