Bombay High Court

RAJENDRA DAGADU JADHAV SINCE DEAD THR LRS SWATI RAJENDRA JADHAVversusTHE EXECUTIVE ENGINEER MINOR IRRIGATION PROJECT STRENGTHENING DIVISION OMERGA

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court permitted withdrawal of 50% of the deposited amount, ordered investment of the remaining 25%, granted a stay of the earlier order, and condoned the 833‑day delay in filing the appeal.

Summary

The claimants filed several civil applications seeking relief from a judgment and award that required the depositing of a sum by the acquiring body. The High Court, having previously ordered the deposit of 75% of the amount, allowed the claimants to withdraw 50% of the deposited sum upon furnishing a standard undertaking, directing that the remaining 25% be invested in a nationalised bank for a suitable period. The Court also granted a stay of the earlier order as per the prayer clause and, after considering the claimants' explanation, condoned an 833‑day delay in filing the first appeal. All the applications were subsequently disposed of.

Issues considered

Whether the claimants are entitled to withdraw 50% of the amount deposited under the impugned judgment and award.
Whether the balance 25% of the deposited amount must be invested in a nationalised bank.
Whether a stay of the earlier order is warranted in view of the withdrawal of the deposited amount.
Whether the court may condone a delay of 833 days for filing the first appeal.

Subjects

civil application
withdrawal of amount
condonation of delay
stay order
interim relief
deposit
investment
High Court of Bombay

Judgment

2026:BHC-AUG:41470
1 974-CA-8801-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

974 CIVIL APPLICATION NO. 8801 OF 2026
IN FAST/30015/2025

Rajendra Dagadu Jadhav Since Dead Thr Lrs Swati Rajendra Jadhav
VERSUS
The Executive Engineer Minor Irrigation Project Strengthening Division
Omerga

WITH
CIVIL APPLICATION NO. 11489 OF 2025
IN FAST/30015/2025

The Executive Engineer Minor Irrigation Project Strengthening Division
Omerga Tq Omerga Dist Osmana
VERSUS
Rajendra Dagdu Jadhav Died His Lrs, Swati And Other

WITH
CIVIL APPLICATION NO. 11490 OF 2025
IN FAST/30015/2025

The Executive Engineer Minor Irrigation Project Strengthening Division
Omerga Tq Omerga Dist Osmana
VERSUS
Rajendra Dagdu Jadhav Died His Lrs Swati And Other
...
Mr.Amardeep Naiknaware h/f Mr.A.A. Nimbalkar for the Applicants
Ms.Deepali Jape, AGP for the Respondent/State.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :

CIVIL APPLICATION NO.8801 OF 2026

1. This Civil Application filed by the claimants for withdrawal

of amount. This Court while granting ad-interim relief has directed to

Sunny Thote
2 974-CA-8801-2026.odt

deposit 75% of the amount under the impugned Judgment and Award.

Accordingly, the amount is deposited in this Court.

2. The Applicants are allowed to withdraw 50% of amount,

which is deposited by the Acquiring Body, upon furnishing the usual

undertaking to the Registrar (Judicial) of this Court.

3. Rest of the 25% of the amount shall be invested in a

Nationalised Bank for an appropriate period.

4. In view thereof, the Civil Application is disposed off.

CIVIL APPLICATION NO. 11490 OF 2025

5. In view of the withdrawal of amount deposited by the

Acquiring Body, the Civil Application for Stay is allowed in terms of

Prayer Clause [B].

6. Accordingly, the Civil Application is disposed off.

CIVIL APPLICATION NO. 11489 OF 2025

7. This Civil Application is filed for condonation of delay of 833

days for filing the First Appeal.

8. Considering the explanation given in the Civil Application,

the delay of 833 days is condoned.

9. In view thereof, the Civil Application is disposed off.

[ MANJUSHA DESHPANDE, J. ]

Sunny Thote

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