Bombay High Court
THE EX. ENGINEER, IRRIGATION DEPAT. STREN. DIV. OMERGA AND ORSversusBAJARANG TUKARAM GODASE (MANE)
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the applications, condoned the delay, permitted amendment of the appeal title, authorized withdrawal of 75% of the deposited award with conditions, and made the stay of execution absolute.
Summary
During the pendency of a First Appeal, the sole claimant, Bajrang Tukaram Godase (Mane), died. The legal representatives of the deceased applied to substitute themselves as parties, seeking condonation of a 1506‑day delay and amendment of the appeal title. The court allowed the application, condoned the delay, and ordered the amendment to include the representatives. In a subsequent application, the representatives sought to withdraw 75% of the award amount deposited by the acquiring body, citing a prior similar order; the court permitted the withdrawal subject to an undertaking and directed the remaining 25% to be kept in a fixed deposit. Finally, a stay of execution of the award was made absolute, as the entire award had already been deposited with the court.
Issues considered
- Whether a delay of 1506 days in filing an application for substitution of parties can be condoned.
- Whether the title of the First Appeal can be amended to include the legal representatives of the deceased claimant.
- Whether the claimants may withdraw 75% of the award amount deposited with the court.
- Whether the stay of execution of the award should be made absolute.
Subjects
- substitution of parties
- condonation of delay
- amendment of title
- legal representative
- withdrawal of award
- stay of execution
- civil application
Judgment
2026:BHC-AUG:41388
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949-ca-10176-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10176 OF 2026 IN FA/1204/2021
Bajarang Tukaram Godase (mane) Died Thr Legal Repr.
Shantabai And Ors.
VERSUS
The State Of Maharashtra, Through Collector, Osmanabad
And Ors.
...
Mr. L. C. Patil, Advocate for Applicants
Mr. B. V. Virdhe, AGP for Respondent-State
Mr. R. A. Tambe, Advocate for Respondent no.3
...
WITH
CIVIL APPLICATION NO. 4795 OF 2021 IN FA/1204/2021
WITH
CIVIL APPLICATION NO. 10177 OF 2026 IN FA/1204/2021
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
CIVIL APPLICATION NO. 10176 OF 2026
. Mr. L. C. Patil, learned Advocate for the applicants,
submits that during pendency of the First Appeal, the sole
claimant/respondent in the First Appeal namely Bajrang
Tukaram Godase (Mane) is died. Present applicant Nos.1 to 4
are the only legal representatives of deceased Bajrang. He
would submit that the right to defend the First Appeal has
devolved upon the present applicants and hence the
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application be allowed. There is delay of 1506 days caused in
filing the application.
2. Mr. R. A. Tambe, learned Advocate for the acquiring
body prays to pass appropriate order.
3. For the reasons stated in the application, I pass
following order:
ORDER
a. Civil Application stands allowed.
b. Delay of 1506 days caused in filing the
present application stands condoned.
c. The appellants shall amend the title clause
of the First Appeal and applications thereby
incorporating the names of applicant Nos.1 to 4
as legal representatives of deceased Bajrang
Godase (Mane).
d. Amendment be carried out forthwith.
CIVIL APPLICATION NO. 10177 OF 2026
. By a separate order passed by this Court today, the
claimants are added in the proceedings in the capacity of legal
representatives of deceased claimant Bajrang Godase.
Pursuant to the orders passed by this Court, the Acquiring
Body has deposited the entire award amount in this Court.
Now, this Civil Application is filed seeking withdrawal of the
said amount.
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2. Mr. L. C. Patil, learned Advocate for the applicants cites
an order dated 28.07.2025, passed by this Court in Civil
Application No.6195 of 2025 in First Appeal No.1206 of 2025,
with connected matters. He would submit that the same order
is passed in identical matters wherein this Court has allowed
the claimants therein to withdraw 75% of the amount
deposited by the acquiring body, subject to certain riders.
3. Mr. R. A. Tambe learned Advocate for the Acquiring
Body in all fairness accepts such submission.
4. In view of the above, I pass the following order:
ORDER
a. Application stands allowed.
b. Applicants are permitted to withdraw 75%
of the amount deposited in this Court upon
furnishing usual undertaking to the satisfaction of
learned Registrar (Judicial) of this Court, and the
balance 25% amount be deposited in fixed
deposit in any nationalized bank.
c. Civil Application stands disposed of.
CIVIL APPLICATION NO. 4795 OF 2021
. This application is filed seeking stay to the execution
and operation of the judgment and award impugned in the
First Appeal.
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2. Considering the fact that the Acquiring Body/ appellants
have deposited the entire award amount in this Court, the
application stands allowed. The stay granted earlier is made
absolute.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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