Bombay High Court
THE CITY AND INDUSTRIAL CORPORATION THROUGH ITS ADMINISTRATOR, CIDCO, AURANGABADversusABDUL RAZZAK MOHAMMAD YASIN QUADRI AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the 58‑day delay in filing the appeal was condonable and that a stay of execution may be granted provided the appellant deposits 75 % of the award with interest within twelve weeks.
Summary
The City and Industrial Corporation (CIDCO) filed a civil application seeking condonation of a 58‑day delay in filing its first appeal, arguing the delay was due to necessary administrative procedures. The court, after hearing opposition from the claimants and the Attorney General, condoned the delay and allowed the application. In a separate application, CIDCO sought a stay of execution of a judgment and award dated 31 January 2026, offering to deposit 75% of the awarded amount with interest and contending that the reference court had overlooked agricultural‑land considerations and development charges. The court, considering the submissions and opposition, granted a stay of execution on the condition that CIDCO deposits the stipulated 75% within twelve weeks. Thus, both the condonation and the stay were granted subject to the deposit condition.
Issues considered
- Whether a delay of 58 days in filing a first appeal can be condoned under procedural law.
- Whether a stay of execution of a judgment and award may be granted pending partial deposit of the awarded amount.
- Whether the reference court erred in not accounting for agricultural land status and development charges.
Subjects
- condonation of delay
- stay of execution
- civil appeal
- partial deposit
- development charges
- agricultural land
- High Court
- Civil Application
Judgment
2026:BHC-AUG:42568
1 958-CA-6484-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
958 CIVIL APPLICATION NO. 6484 OF 2026
IN FAST/16552/2026
The City And Industrial Corporation Through Its Administrator, Cidco,
Aurangabad
VERSUS
Abdul Razzak Mohammad Yasin Quadri And Others
WITH
CIVIL APPLICATION NO. 6485 OF 2026
IN FAST/16552/2026
The City And Industrial Corporation Through Its Administrator, Cidco,
Aurangabad
VERSUS
Abdul Razzak Mohammad Yasin Quadri And Others
...
Mr.Shambhuraje V. Deshmukh for the Applicant.
Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
Mr.Anand Bhandari for Respondent Nos.1 and 3.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
CIVIL APPLICATION NO. 6484 OF 2026
1. This Civil Application for condonation of delay in filing the
First Appeal is filed by the Acquiring Body. There is a delay of 58 days in
filing the Appeal.
2. It is submitted that the delay in filing the Appeal has
occurred on account of the administrative process required to be
undertaken by the Acquiring Body prior to filing the Appeal. Therefore,
the same deserves to be condoned.
Sunny Thote
2 958-CA-6484-2026.odt
3. The prayer made in the Application is opposed by the
learned Advocate for the Claimant as well as the learned AGP.
4. In view of the explanation given by the Applicant, the delay
caused in filing the Appeal is condoned. The Civil Application is allowed
in terms of prayer clause [B].
CIVIL APPLICATION NO. 6485 OF 2026
5. The learned Advocate for the Applicant seeks leave to amend
the Civil Application for stay by incorporating the prayer clauses which
could not be added inadvertently. Leave is granted. Necessary
amendment shall be carried out forthwith.
6. The Appellant has filed the present Application seeking stay
to the execution and implementation of the Judgment and Award passed
by the learned Civil Judge, Senior Division, Aurangabad, in L.A.R. No.
160 of 2019 dated 31st January, 2026.
7. The learned Advocate for the Applicant submits that the
Applicant is ready to deposit 75% of the amount awarded under the
Award. He, therefore, submits that this Court may stay the execution and
implementation of the said Award.
8. The learned Advocate for the Applicant further submits that
the Reference Court has failed to take into consideration the fact that the
sale instance relied upon by the Reference Court pertains to agricultural
Sunny Thote
3 958-CA-6484-2026.odt
land and that the necessary deduction towards development charges has
not been considered in the present matter. He, therefore, submits that the
execution and implementation of the Award deserves to be stayed.
9. In view of the aforementioned grounds, the learned Advocate
for the Applicant submits that the Applicant is ready to deposit 75% of
the amount, along with accrued interest, as awarded by the Reference
Court.
10. The aforesaid submissions are opposed by the learned
Advocate appearing for the claimants as well as the learned AGP.
Considering the grounds raised in the Appeal, it is submitted that the
Appellant may be directed to deposit 75% of the amount awarded by the
Reference Court.
11. The execution and implementation of the Judgment and
Award passed by the Reference Court is stayed, subject to the condition
that the Appellant deposits 75% of the amount awarded under the
Award, along with accrued interest, within a period of twelve weeks.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
Checking your session…