The Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer And ORS v. Kisan S/O Appa Ganage And ORS
2025:BHC-AUG:6060
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 13827 OF 2023 IN FAST/26120/2023 The Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer And Ors
VERSUS
Prasad S/o Vikas Jadhavar WITH CIVIL APPLICATION NO. 2393 OF 2025 IN FAST/26120/2023 Prasad S/o Vikas Jadhavar U Guardianship Of Father Vikas Rahidas Jadhavar
VERSUS
The State Of Maharashtra Through The Collector Dharashiv And Ors WITH CIVIL APPLICATION NO. 13829 OF 2023 IN FAST/26117/2023 The Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer And Ors
VERSUS
Kisan S/o Appa Ganage And Ors WITH CIVIL APPLICATION NO. 13831 OF 2023 IN FAST/26117/2023 The Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer And Ors
VERSUS
Kisan S/o Appa Ganage And Ors ...
WITH CIVIL APPLICATION NO. 13828 OF 2023 IN FAST/26120/2023 The Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer And Ors
VERSUS
Prasad S/o Vikas Jadhavar .....
Mr. R. B. Gaikwad, Advocate for Applicant Mr. S. P. Joshi,AGP for Respondent/s-State .....
CORAM : ROHIT W. JOSHI, J.
Dated : 28TH FEBRUARY, 2025 PER COURT :- FAST/26120/2023 FAST/26117/2023 Appellant is permitted to deposit the amount within a period of one week.
Admit.
Call Record and Proceeding.
4.
Issue notice to respondents CIVIL APPLICATION NO. 13827 OF 2023 CIVIL APPLICATION NO. 13829 OF 2023 These are the applications seeking condonation of delay in filing First Appeals by the Acquiring Body.
The delay is explained and is attributed to office formalities and procedures.
The delay is properly explained and accordingly condoned.
4.
Civil applications are disposed of.
CIVIL APPLICATION NO. 13828 OF 2023 CIVIL APPLICATION NO. 13831 OF 2023 Learned Counsel for the appellant seeks permission to deposit the amount in compliance of order granting stay to the execution of judgment and award.
The applicant is permitted to deposit the amount within period of one week from today. Office to accept the deposit. On such deposit being made, the execution of the impugned award shall stand stayed till final disposal of the appeal, subject to right of the respondent/land owner to move application for withdrawal of amount.
4.
Civil Application is disposed of.
CIVIL APPLICATION NO. 2393 OF 2025 The respondent sole/land owner has moved the application seeking permission to withdraw the amount deposited by the appellant with this Court in compliance of order granting stay to execution of the impugned judgment and award passed by the learned Reference Court. Having perused the judgment with the able assistance of learned Advocates, I find that interest of justice will be subserved by permitting the respondent/land owner to withdraw 75% of the amount deposited alongwith accrued interest, 50% on furnishing usual undertaking and 25% on furnishing solvent surety/security.
Civil Application is disposed of.
( ROHIT W. JOSHI, J ) Rushikesh/2025