The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad Dist Osmanabad v. Vishwanath Devappa Sangave Died Thr Lrs Mangalbai And ORS

2025:BHC-AUG:28035 1 22-CA 10983-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10983 OF 2025 IN FAST/24094/2024 Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai Vishwanath Devappa .. Applicants The Executive Engineer Mr. Ramesh V. Naiknavare, Advocate for the Applicants. Mr. Arun H. Koralkar, Advocate for Respondent No. 1. CIVIL APPLICATION NO. 2128 OF 2025 IN FAST/24094/2024 Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai (Died) Through L.Rs. Indubai Mahadeo Bagale and another .. Applicants Mahamandal and others Mr. Ramesh V. Naiknavare, Advocate for the Applicants. Mr. Arun H. Koralkar, Advocate for Respondent No. 1. CIVIL APPLICATION NO. 12015 OF 2024 IN FAST/24094/2024

2 22-CA 10983-2025.odt Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai and others Mr. Ramesh V. Naiknavare, Advocate for Respondent Nos. 1-B & 1C. CIVIL APPLICATION NO. 12014 OF 2024 IN FAST/24094/2024 Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai and others Mr. Ramesh V. Naiknavare, Advocate for Respondent Nos. 1-B & 1C. CIVIL APPLICATION NO. 10984 OF 2025 IN FAST/24105/2024 Tanaji Devappa Sangave The Executive Engineer Mr. Ramesh V. Naiknavare, Advocate for the Applicant. Mr. Arun H. Koralkar, Advocate for Respondent No. 1.

3 22-CA 10983-2025.odt CIVIL APPLICATION NO. 12016 OF 2024 IN FAST/24105/2024 Tanaji Devappa Sangave and others Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. CIVIL APPLICATION NO. 12017 OF 2024 IN FAST/24105/2024 Tanaji Devappa Sangave and others Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. CIVIL APPLICATION NO. 12018 OF 2024 IN FAST/24100/2024

4 22-CA 10983-2025.odt Kallappa Devappa Sangave and others Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. CIVIL APPLICATION NO. 12019 OF 2024 IN FAST/24100/2024 Kallappa Devappa Sangave and others Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. CIVIL APPLICATION NO. 12012 OF 2024 IN FAST/24090/2024 Nilkanth Devappa Sangave and others Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. CIVIL APPLICATION NO. 12013 OF 2024 IN FAST/24090/2024

5 22-CA 10983-2025.odt Kallappa Devappa Sangave and others Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. CORAM : KISHORE C. SANT, J.

DATE : 06th OCTOBER, 2025.

PER COURT :- CIVIL APPLICATION NO. 10983 OF 2025 :

CIVIL APPLICATION NO. 10984 OF 2025 :

1.

These applications are for withdrawal of the amount deposited by the appellant - acquiring body in the office of this Court.

2.

The learned advocate for the applicants relies upon the order dated 30.09.2022 in Civil Application No. 15259/2019 in First Appeal (Stamp) No. 8995/2017 passed in similar matter arising out of the same acquisition proceedings . 3.

Considering the above, following order :

6 22-CA 10983-2025.odt

ORDER

(I) The applicants are permitted to withdraw 50% of the amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining amount be kept in a fixed deposit in any Nationalized Bank till disposal of the appeal. (II) With this, civil applications stand disposed of. CIVIL APPLICATION NO. 12015 OF 2024 :

CIVIL APPLICATION NO. 12017 OF 2024 :

CIVIL APPLICATION NO. 12019 OF 2024 :

CIVIL APPLICATION NO. 12013 OF 2024 :

1.

Since the appellant - acquiring has deposited 90% of the amount of compensation as per the impugned judgment and award, there shall be stay to the impugned judgment and award till disposal of the appeals.

2.

The civil applications for stay stand disposed of. CIVIL APPLICATION NO. 2128 OF 2025 :

1.

This application is for leave to delete name of respondent

7 22-CA 10983-2025.odt No. 1A in the first appeal as she is dead. The present applicants are the legal heirs of deceased Mangal Sangave who died on 23.08.2011.

2.

Since the applicants are the only legal heirs of deceased and the legal heirs are already on record i.e. applicant Nos. 1-B and 1-C in the appeal, leave to delete the name of deceased is granted at the risk of the applicants.

3.

The civil application stands disposed of.

CIVIL APPLICATION NO. 12014 OF 2024 :

CIVIL APPLICATION NO. 12016 OF 2024 :

CIVIL APPLICATION NO. 12018 OF 2024 :

CIVIL APPLICATION NO. 12012 OF 2024 :

1.

For the reasons stated in the applications, delay stands condoned.

2.

The civil applications are allowed and disposed of accordingly.

( KISHORE C. SANT, J. ) P.S.B.