Bombay High Court
The Exe. Engineer, Upper Pravara Project (Irrigation), Left / Right Canal, at Ghulewadi, AhmednagarversusBaban Chima Malunjkar and Another
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court confirmed the conditional stay and allowed the civil applications for stay and delay, condoning the delay.
Summary
The Executing Engineer of the Upper Pravara Irrigation Project sought confirmation of a conditional stay after depositing the amount ordered by the court on 31‑08‑2026. The court examined whether the deposit satisfied the earlier order and whether the delay in filing the appeals could be condoned. It found that the deposit complied with the order, thereby confirming the conditional stay. The court also accepted the acquiring body's explanation for the delay, deeming it neither intentional nor deliberate, and consequently condoned the delay. Accordingly, the civil applications for stay and for condonation of delay were allowed and disposed of.
Issues considered
- Whether the conditional stay granted earlier should be confirmed upon deposit of the directed amount.
- Whether the delay in filing the appeals can be condoned.
- Whether the civil applications for stay and for delay should be disposed.
Subjects
- stay
- conditional stay
- delay
- condonation
- civil application
- acquisition
- irrigation project
- court order
Judgment
2026:BHC-AUG:44801
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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