Bombay High Court
The Executive Engineer Irrigation Project Strengthening Division Division Omerga Dist OsmanabadversusDigambar Shripati Mule Died His LRs Nagarbai and Ors
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court permitted withdrawal of the deposited amount subject to an undertaking, condoned the delay, and disposed the stay application by confirming the earlier ad‑interim stay.
Summary
The applicant sought to withdraw the amount deposited by the Acquiring Body following a modified order directing a 50% compensation deposit with interest. The court allowed the withdrawal, subject to an undertaking to the Registrar. The applicant also requested condonation of a 326‑day delay in filing; the court found the delay neither intentional nor deliberate and condoned it. A separate stay application was filed, and the court disposed of it by confirming the earlier ad‑interim stay after the deposit was made. The first appeal was noted, with service waived by both parties, and the record was called for further proceedings. All three civil applications were ultimately disposed of by the court.
Issues considered
- Whether the applicant is entitled to withdraw the amount deposited under the modified order.
- Whether the 326‑day delay in filing the application can be condoned.
- Whether the stay application should be disposed by confirming the earlier ad‑interim stay.
Subjects
- civil procedure
- withdrawal of deposit
- condonation of delay
- stay order
- compensation award
Judgment
2026:BHC-AUG:42441
958 CA 10670 26+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
958 CIVIL APPLICATION NO. 10670 OF 2026
IN FAST/19779/2025
WITH
CIVIL APPLICATION NO. 7964 OF 2025
IN FAST/19779/2025
WITH
CIVIL APPLICATION NO. 7966 OF 2025
IN FAST/19779/2025
DIGAMBAR SHRIPATI MULE DIED HIS LRS NAGARBAI DIGAMBAR MULE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Naiknavare Ramesh Vitthal
AGP for Respondent nos. 1 & 2 : Mrs. V. S. Choudhari
...
CORAM : SMT. MANJUSHA AJAY
DESHPANDE, J.
DATE : 11.09.2026
PER COURT :
CIVIL APPLICATION NO. 10670/2026 FOR WITHDRAWAL :
This application is filed by the claimant seeking withdrawal of the
amount deposited by the appellant-Acquiring Body before this Court
pursuant to the modified order dated 03.09.2025, whereby the Acquiring
Body was directed to deposit 50% of the amount of compensation under the
Award along with accrued interest. Pursuant thereto, the said amount has
been deposited by the Acquiring Body on 10.08.2026.
2. In view of the deposit made by the Acquiring Body, the applicant is
permitted to withdraw the entire amount deposited, subject to furnishing
the usual undertaking to the satisfaction of the Registrar (Judicial) of this
Court.
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958 CA 10670 26+.odt
CIVIL APPLICATION NO. 7964/2025 FOR DELAY CONDONATION:
3. In view of the explanation given in the application by the Acquiring
Body, which is satisfactory and the delay so caused is neither intentional nor
deliberate, hence the delay of 326 days is necessary to be condoned.
4. The delay is condoned. Civil Application is disposed of.
CIVIL APPLICATION NO. 7966/2025 FOR STAY
5. In view of the direction issued by this Court to deposit 50% of the
amount of compensation, the Acquiring Body has deposited the said
amount. Hence, the Civil Application for stay is disposed of by confirming
the ad-interim stay granted earlier.
FIRST APPEAL :
6. Issue notice to the respondents.
7. Learned advocate Mr. Naiknavare waives service for the
respondent/Claimant. Learned A.G.P. waives service for respondent nos. 2 &
3/State.
8. Admit.
9. Call for record and proceedings.
( SMT. MANJUSHA AJAY DESHPANDE, J.)
mkd/-
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