Bombay High Court

SURESH ARJUN WAGH.versusTHE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

Respondent No.1 must deposit the residuary 25% of the award amount with interest within eight weeks, otherwise the interim relief will be automatically vacated.

Summary

The applicants sought to vacate an interim relief granted by the High Court on 2 December 2020, arguing that the acquiring body (Respondent No.1) had only deposited 50% of the award amount despite a stay order that required full payment in related matters. The court noted that the acquiring body later deposited the full amount in other connected cases and referenced a similar order dated 3 July 2026 in Civil Application No. 7839 of 2020. Relying on that precedent, the court directed the acquiring body to deposit the remaining 25% of the award plus interest within eight weeks, warning that failure to do so would automatically vacate the interim relief. The respondents did not contest this position. Consequently, the court ordered the deposit and disposed of the civil applications.

Issues considered

Whether the acquiring body must deposit the remaining 25% of the award amount and interest to avoid vacating the interim relief
Whether failure to deposit the stipulated amount results in automatic vacation of the interim relief

Subjects

interim relief
stay order
award deposit
civil procedure
High Court
acquisition
interest
vacating order

Judgment

2026:BHC-AUG:37087
                                                                    953-CA-9147-26.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 9147 OF 2026
                              IN FIRST APPEAL NO. 1263 OF 2025

          Bhavgir Uttamgir Gosavi                          ..APPLICANT
                VERSUS
          The Executive Engineer,
          Minor Irrigation Division, Jalgaon
          and Another                                      ..RESPONDENTS

                          WITH CIVIL APPLICATION NO. 9148 OF 2026
                             IN FIRST APPEAL NO. 1259 OF 2025

          Arjun Bhagwan Patil                              ..APPLICANT
                VERSUS
          The Executive Engineer,
          Minor Irrigation Division, Jalgaon
          and Another                                      ..RESPONDENTS

                          WITH CIVIL APPLICATION NO. 9149 OF 2026
                             IN FIRST APPEAL NO. 1262 OF 2025

          Sunil Hari Sonawane                              ..APPLICANT
                VERSUS
          The Executive Engineer,
          Minor Irrigation Division, Jalgaon
          and Another                                      ..RESPONDENTS

                          WITH CIVIL APPLICATION NO. 9150 OF 2026
                             IN FIRST APPEAL NO. 1261 OF 2025

          Suresh Arjun Wagh                                ..APPLICANT
                VERSUS
          The Executive Engineer,
          Minor Irrigation Division, Jalgaon
          and Another                                      ..RESPONDENTS


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                                                                  953-CA-9147-26.odt



                                      ....
Mr. V.B. Patil, Advocate for applicant
Mr. B.L. Patil, Advocate h/f Mr. A.D. Pawar, Advocate for Respondent No.1
Ms. V.S. Charudhari, A.G.P. for State
                                       ....

                                 CORAM : MANJUSHA A. DESHPANDE, J.
                                 DATE : 14th AUGUST, 2026

PER COURT :

1.         These applications have been filed by the applicants – claimants

with the prayer of vacating interim relief granted by this Court vide common

order dated 02nd December, 2020.


2.         It is submitted by learned counsel for the Applicant that

Respondent No.1 – acquiring body has obtained stay from this Court vide

order dated 02nd December, 2020 subject to depositing 50% of the amount

awarded by the reference Court. According to him, the acquiring body has

not disclosed to this Court that in connected matters, this Court had granted

stay on the condition of depositing entire amount of award.         Inspite of

granting stay, the acquiring body has failed to deposit the said amount within

stipulated period. However, subsequent thereto, the said amount has been

deposited, but the fact remains that in the other connected matters, the

acquiring body has deposited 100% amount. Therefore, the applicant has

come with a prayer seeking direction to the respondent – acquiring body as

recorded hereinabove.




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                                                                    953-CA-9147-26.odt



3.         Learned counsel for the Applicants has drawn my attention to the

order dated 03rd July, 2026 passed by this Court in connected Civil

Application No. 7839 of 2020, where similar prayer made by the acquiring

body has been allowed by this Court.


4.         In view of order passed by this Court in connected application, in

my view, same relief needs to be extended to the present Applicants as well.

Learned counsel for the Respondent No.2 – acquiring body does not dispute

about this position. Hence, I pass following order :-

           Respondent No.1 – acquiring body shall deposit the residuary 25%

of the award amount alongwith interest accrued thereon within a period of

eight weeks from today in this Court. Needless to state that non deposit of

the aforementioned amount shall result in automatic vacation of interim relief

granted by this Court.


5.         In view of above, the civil applications stand disposed of.




                                           ( MANJUSHA A. DESHPANDE, J. )

SSD




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