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Bombay High CourtCA/10107/2025admittedallowedgrantedrule absolute

The Executive Engineer Nandur Madhmeshwar Kalwa Sub Division Vaijapur Aurangabad v. Chandrakalabai Dnyandeo Somwanshi And ANR

2025-09-18Hon'Ble Shri Justice Ajit B. Kadethankar4 pages

2025:BHC-AUG:25582 24-sr.972, 974,975 and 976.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 972 CIVIL APPLICATION NO. 10107 OF 2025 IN FAST/25246/2025 The Executive Engineer Nandur Madhmeshwar Kalwa Sub Division Vaijapur

VERSUS

Chandrakalabai Dnyandeo Somwanshi And Anr WITH CIVIL APPLICATION NO. 10108 OF 2025 IN FAST/25246/2025 AND 974 CIVIL APPLICATION NO. 10111 OF 2025 IN FAST/25242/2025 The Executive Engineer Nandur Madhmeshwar Canel Division Tq Vaijapur Dist Vaijapur

VERSUS

Surajsing Sawaising Rajput And Ors WITH CIVIL APPLICATION NO. 10112 OF 2025 IN FAST/25242/2025 AND 975 CIVIL APPLICATION NO. 10113 OF 2025 IN FAST/25239/2025 The Executive Engineer Nandur Madhmeshwar Canel Division Vaijapur Dist

VERSUS

Shivaji Ramkisan Tike And Ors WITH CIVIL APPLICATION NO. 10114 OF 2025 IN FAST/25239/2025 AND 976 CIVIL APPLICATION NO. 10116 OF 2025 IN FAST/25262/2025 The Executive Engineer Nandur Madhmeshwar Kalwa Sub Division Vaijapur

VERSUS

Babasaheb Sakhahai Somwanshi And AnrWITH

CIVIL APPLICATION NO. 10117 OF 2025 IN FAST/25262/2025 ---- Mr.Mahesh Swami, Advocate for applicants ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 18 2025 ORDER :- These are the applications for condonation of delay caused in filing appeal. All the appeal are filed by the claimants for enhancement in the award granted by learned reference court in the respective land acquisition reference, as mentioned below:- Days of delay Decision Date Authority C.A. No.

F.A. st. no.

LAR No.

10107/2025 25246/2025 60/2017 15.03.2021 C.J.S.D., Vaijapur, Dist.

10111/2025 25242/2025 33/2011 30.03.2022 10113/2025 25239/2025 39/2011 12.01.2022 10116/2025 25262/2025 59/2017 01.03.2021 2.

Issue notice to the respondents, returnable after twelve weeks 3.

The matters be listed after service of notice is complete. In the meantime, applicants/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

4.

Office objections be removed within two weeks, failing which the matter shall stand dismissed automatically without reference to the court.

C.A. for Stay :- 5.

Being aggrieved by the judgments and award dated as mentioned herein below, the applicants/appellant have preferred present First Appeals:

C.A. No.

F.A. st. no.

LAR No.

Decision Date Authority 10108/2025 25246/2025 60/2017 15.03.2021 C.J.S.D., Vaijapur, Dist.

10112/2025 25242/2025 33/2011 30.03.2022 10114/2025 25239/2025 39/2011 12.01.2022 10117/2025 25262/2025 59/2017 01.03.2021 These applications are for grant of stay.

6.

The applicants submit that there are strong hopes of success in the appeals. That, during pendency of the First Appeals, if execution and operation of the impugned judgment and award is not stayed, the very purpose of the appeal shall stand frustrated. 7.

Considering this, execution and operation of the impugned judgment and award is stayed till returnable date, on condition that the appellants deposit the entire payable decretal award amount in this court within a period of twelve weeks from today.

8.

Issue notice to the respondents. Learned AGP waives notice for respondent-State authorities.

9.

The matters be listed after service of notice is complete. In the meantime, applicants/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

[AJIT B. KADETHANKAR, J.] KBP