The Executive Engineer Minor Irrigation Division No And ORS v. Dipak Chatrabhuj Ubale And ORS

2025:BHC-AUG:6482 1 ca 8545 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8545 OF 2024 AND/IN FAST/32290/2023 Deepak Chatrabhuj Ubale And Ors.

VERSUS

The State Of Maharashtra And Ors.

...

Smt. A. S. Madake, Advocate h/f. Shri. A. B. Kale, Advocate for Applicants Shri S. S. Dande, AGP for Respondent Nos. 1 and 3 Shri H. P. Kshirsagar Advocate for Respondent No. 2 ...

WITH CIVIL APPLICATION NO. 9726 OF 2024 IN FAST/32290/2023 WITH CIVIL APPLICATION NO. 14350 OF 2023 IN FAST/32290/2023 WITH CIVIL APPLICATION NO. 14351 OF 2023 IN FAST/32290/2023 ...

CORUM :

ROHIT W. JOSHI, J.

Date :

3rd MARCH, 2025 PER COURT :

FIRST APPEAL STAMP NO. 32290 OF 2023 :

1.

Heard.

2.

Admit.

3.

Learned advocate, Ms. Madake, h/f Mr. Kale, waives for respondents/Land owners.

1/2

1 ca 8545 2024 CIVIL APPLICATION NO. 9726 OF 2024 :

1.

This is an application seeking permission to deposit the amount. However, the amount is already deposited. The civil application is therefore, disposed off.

CIVIL APPLICATION NO. 14350 OF 2023 :

1.

This is an application for condonation of delay in filing first appeal by the acquiring body. Although the delay is of 2065 days, the learned advocate for the land owners does not seriously oppose the application since the amount as awarded under the impugned judgment and award is deposited by the appellant. In view of the above, the application for condonation of delay is allowed subject to cost of Rs. 6000/-.

CIVIL APPLICATION NO. 14351 OF 2023 :

1.

Since the entire amount along with accrued interest is deposited as per the impugned judgment and award execution of the impugned judgment and award is stayed till final disposal of appeal, subject to right of the respondents/Land owners to seek withdrawal of the amount deposited. The civil application is therefore, disposed off.

[ROHIT W. JOSHI] JUDGE KS_Kamble/ 2/2