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Bombay High CourtCA/6721/2025admittedallowedgrantedrule absolute

The Executive Engineer, Irrigation Division, Osmanabad And ORS v. Pradeep S/O Vishnupant Saraf And ANR

2025-07-03Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-AUG:17049

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO.6721 OF 2025 IN FIRST APPEAL STAMP NO.33933 OF 2023 (The Executive Engineer, Irrigation Division, Osmanabad Vs. Pradeep Vishnupant Sarag and another) WITH CIVIL APPLICATION NO.6723 OF 2025 IN FIRST APPEAL STAMP NO.33648 OF 2023 (The Executive Engineer, Irrigation Division, Osmanabad Vs.Ananad Ashok Saraf and others) Ms.Chaitali Kutti, Advocate for the applicant. Mr.K.N.Lokhande, AGP for the State.

Mr.V.B.Deshmukh, Advocate for the respondents in both applications. CORAM : PRAFULLA S.KHUBALKAR, J.

DATE : 03.07.2025 PER COURT :- 1.

These are the applications filed by the Appellant/Acquiring Body for extension of time to deposit the cheques of the entire amount, as per the order dated 16.02.2024 passed by this Court in Civil Application Nos.138/2024 and 120/2024 respectively.

2.

The learned Advocate for the applicant submits that by order dated 16.02.2024, interim relief was granted, subject to deposit of the entire amount of compensation within a period of 12 weeks from that date, however, the amount could not be deposited within the khs/July 2025/6721

time granted, on account of paucity of funds with the Corporation. It is submitted that after completion of all the formalities of getting the funds released, now the amount is available and the cheques for amount of compensation can be deposited. She, therefore, seeks for extension of time and for directions to the office to accept the cheques. 3.

The learned Advocate Mr.Deshmukh and the learned AGP for the State have no objection.

4.

Considering the contentions of the applications and the submissions advanced, civil applications are allowed. 5.

Office is directed to accept the cheques for amount of compensation to be deposited by the applicant within one week from today.

6.

Civil applications are disposed of. Authenticated copy be supplied to the parties.

( PRAFULLA S. KHUBALKAR, J.) khs/July 2025/6721