The Executive Engineer, M.I.D.1, Aurangabad And ORS v. Pandharinath Vishwanath Wagh Thr Lrs Prakash And ORS

2025:BHC-AUG:27888 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 10970 OF 2025 IN FAST/29738/2023 JANARDHAN ASARAM SABLE

VERSUS

THE EXECUTIVE ENGINEER AND ORS WITH CIVIL APPLICATION NO. 13714 OF 2023 IN FAST/29738/2023 THE EXECUTIVE ENGINEER, M.I.D. 1, AURANGABAD AND ORS

VERSUS

JANARDHAN ASARAM SABLE WITH CIVIL APPLICATION NO. 13715 OF 2023 IN FAST/29738/2023 THE EXECUTIVE ENGINEER, M.I.D. 1, AURANGABAD AND ORS

VERSUS

JANARDHAN ASARAM SABLE 939 CIVIL APPLICATION NO. 10975 OF 2025 IN FAST/28428/2023 PANDHARINATH VISHWANATH WAGH DIED THROUGH LRS 1A PRAKASH PANDHARINATH WAGH

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT 1 AURANGABAD WITH CIVIL APPLICATION NO. 13713 OF 2023 IN FAST/28428/2023 THE EXECUTIVE ENGINEER, M.I.D.1, AURANGABAD AND ORS

VERSUS

PANDHARINATH VISHWANATH WAGH THR LRS PRAKASH AND ORS WITH CIVIL APPLICATION NO. 13712 OF 2023 IN FAST/28428/2023 THE EXECUTIVE ENGINEER, M.I.D.1, AURANGABAD AND ORS

VERSUS

PANDHARINATH VISHWANATH WAGH THR LRS PRAKASH AND ORS Mr. Shaikh Tarek Mobin H., Advocate for the claimants. Ms.Chaitali P. Rakate h/f. Ms. Suvarna Zaware, Advocate for Acquiring Body.

Ms.Chaitali Choudhari Kutti and Ms. R.R. Tandale, AGP for the State.

CORAM

: KISHORE C. SANT, J.

DATE : 04.10.2025

( 2 ) PC :- CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT.

01.

Heard learned Advocates for the parties. This application is filed for withdrawal of the amount deposited by the appellant in the office of this Court, pursuant to impugned judgment and award. Learned Advocate for the applicants relies on an order passed by this Court in similar matters i.e. CA No. 10776 of 2025 dated 30.09.2025. 02.

This application is opposed of learned Advocate for the respondent.

03.

However, considering that this Court has already passed orders in similar matters, following order :- i) This Civil Application stands partly allowed. ii) The applicants are permitted to withdraw 75% of the amount along with accrued interest deposited in this Court. 50% of the amount shall be withdrawn on furnishing usual undertaking. 25% amount shall be withdrawn on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court. Remaining amount shall be invested in fixed deposit of any nationalized bank to be renewed from time to time till disposal of the appeals.

( 3 ) CIVIL APPLICATION FOR STAY 01.

Since the appellant-applicant has already deposited entire amount as per impugned judgment and award, in the office of this Court, there shall be stay to the impugned judgment and award till decision of the appeal.

02.

The Civil Application for stay accordingly stands disposed off. CIVIL APPLICATION FOR CONDONATION OF DELAY 01.

This application is filed for condonation of delay caused in filing appeal.

02.

For the reasons stated in the application, the delay stands condoned. This Civil Application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2025/Oct25/ca10970.25