Bombay High Court
The Executive Engineer, Irrigation Project Strengthening Division, at Omerga, Dist. Osmanabad and OversusDagdu Tukaram Suryawanshi (Died) T/h L.Rs. Kondabai and Others
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court permitted withdrawal of 80% of the deposited amount with accrued interest upon an undertaking, and condoned the delay in filing the first appeal subject to a similar undertaking.
Summary
The applicants, who are original claimants in several civil applications, sought the court’s permission to withdraw the amount deposited by the acquiring body under a prior court direction. They relied on a previous order dated 17 April 2026 in Civil Application No.4487 of 2026, where the court allowed withdrawal of 80% of the amount with accrued interest upon furnishing an undertaking. The court found the earlier precedent applicable and ordered that the applicants may withdraw 80% of the deposited sum with interest, subject to an undertaking satisfactory to the registrar. The applicants also requested condonation of delay in filing the first appeal by the acquiring body, and the court, satisfied with the explanation, granted condonation on the condition that no statutory benefits or interest be claimed for the delayed period. Both the withdrawal and condonation applications were allowed and the matters were disposed of, with interim relief confirmed to continue pending the appeal.
Issues considered
- Whether the applicants may withdraw the entire amount deposited by the acquiring body, or only a portion thereof, and under what conditions.
- Whether the delay in filing the first appeal by the acquiring body can be condoned.
Subjects
- withdrawal of deposit
- condonation of delay
- civil procedure
- interest on deposit
- undertaking
Judgment
2026:BHC-AUG:41494
1 926-CA-10151-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 CIVIL APPLICATION NO. 10151 OF 2026
IN FAST/1809/2026
Dagdu Tukaram Suryawanshi Died Through Lr Kondabai Dagdu
Suryawanshi
VERSUS
The State Of Maharashtra Through Collector And Others
WITH
CIVIL APPLICATION NO. 9455 OF 2026
IN FAST/1806/2026
Meheboob Madarsaheb Attar
VERSUS
The State Of Maharashtra Through Collector And Others
WITH
CIVIL APPLICATION NO. 7666 OF 2026
IN FAST/1812/2026
Kondabai Dagdu Suryawanshi
VERSUS
The State Of Maharashtra Through Collector And Others
WITH
CIVIL APPLICATION NO. 723 OF 2026
IN FAST/1806/2026
The Executive Engineer, Irrigation Project Strengthening Division, At
Omerga, Dist. Osmanabad And O
VERSUS
Maheboob Madarsaheb
WITH
CIVIL APPLICATION NO. 725 OF 2026
IN FAST/1809/2026
The Executive Engineer, Irrigation Project Strengthening Division, At
Omerga, Dist. Osmanabad And Ors.
VERSUS
Sunny Thote
2 926-CA-10151-2026.odt
Dagdu Tukaram Suryawanshi (died) T/h L.rs. Kondabai And Others
WITH
CIVIL APPLICATION NO. 727 OF 2026
IN FAST/1812/2026
The Executive Engineer, Irrigation Project Strengthening Division, At
Omerga, Dist. Osmanabad And Ors.
VERSUS
Kondabai Dagdu Suryawanshi
WITH
CIVIL APPLICATION NO. 724 OF 2026
IN FAST/1806/2026
The Executive Engineer, Irrigation Project Strengthening Division, At
Omerga, Dist. Osmanabad And O
VERSUS
Maheboob Madarsaheb
WITH
CIVIL APPLICATION NO. 728 OF 2026
IN FAST/1812/2026
The Executive Engineer, Irrigation Project Strengthening Division, At
Omerga, Dist. Osmanabad And O
VERSUS
Kondabai Dagdu Suryawanshi
WITH
CIVIL APPLICATION NO. 726 OF 2026
IN FAST/1809/2026
The Executive Engineer, Irrigation Project Strengthening Division, At
Omerga, Dist. Osmanabad And O
VERSUS
Dagdu Tukaram Suryawanshi (died) T/h L.rs. Kondabai And Others
…
Mr.Shashikiran N. Patil for the Applicants in CA/10151/2026.
Ms.Sunita Dashrathrao Shelke for the Applicants in CA/723/2026.
Mr.Kishor Hoke Patil, AGP for the Respondent/State.
….
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CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
WITHDRAWAL OF AMOUNT
1. These Civil Applications have been filed by the
Applicants/original claimants seeking permission to withdraw the entire
amount deposited by the Acquiring Body pursuant to the directions
issued by this Court.
2. Learned Advocate for the Applicants places reliance upon the
order passed by this Court on 17th April, 2026 in Civil Application
No.4487 of 2026 filed by the claimants arising out of the same
notification, whereby this Court permitted withdrawal of 80% of the
amount, along with accrued interest thereon, upon furnishing an
undertaking.
3. In view of the aforesaid order passed in similarly situated
matters, a similar order is warranted in the present Civil Applications.
Accordingly, these Civil Applications are allowed.
4. Accordingly, the Applicants are permitted to withdraw 80%
of the aforesaid amount, along with the accrued interest, upon furnishing
an undertaking to the satisfaction of the Registrar (Judicial) of this Court.
5. These Civil Applications accordingly stand disposed off.
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CONDONATION OF DELAY AND STAY
6. These Civil Applications have been filed by the Applicants
seeking condonation of delay in filing the First Appeal by the Acquiring
Body.
7. The learned Advocate for the Applicants submits that the
delay has been satisfactorily explained in the Applications. Upon
considering the explanation furnished by the Applicants and the reasons
stated therein, I am satisfied that sufficient cause has been made out for
condoning the delay.
8. Hence, the delay in filing the First Appeals are condoned,
subject to the Applicants filing an undertaking before the Registrar
(Judicial) of this Court, that the Applicants shall not claim any statutory
benefits and interest for the delayed period, within a period of three
weeks.
9. In view of the deposit of the entire amount, the ad-interim
relief granted by this Court is confirmed and shall continue to operate
during the pendency of the Appeal.
10. These Civil Applications stand disposed of accordingly.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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