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Bombay High CourtCA/12459/2025admittedallowedgrantedrule absolute

The Administrator Cidco Office Of Cidco Aurangabad v. Gausiya Begum Hafizkhan Died Through Her Legal Heirs Najamkhan And ORS.

2025-12-04Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2025:BHC-AUG:33838

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 12457 OF 2025 IN FAST/33357/2025 THE ADMINISTRATOR CIDCO OFFICE OF CIDCO, AURANGABAD

VERSUS

GAUSIYA BEGUM HAFIZKHAN DIED THROUGH HER LEGAL HEIRS NAJAMKHAN AND ORS.

WITH CIVIL APPLICATION NO. 12458 OF 2025 IN FAST/33357/2025 AND 25 CIVIL APPLICATION NO. 12459 OF 2025 IN FAST/33360/2025 THE ADMINISTRATOR CIDCO OFFICE OF CIDCO AURANGABAD

VERSUS

GAUSIYA BEGUM HAFIZKHAN DIED THROUGH HER LEGAL HEIRS NAJAMKHAN AND ORS.

WITH CIVIL APPLICATION NO. 12460 OF 2025 IN FAST/33360/2025 ...

Advocate for Applicant : Mr. Shambhuraje V. Deshmukh. AGPs for Respondent/s-State : Mrs. M. N. Ghanekar, Mr. S. V. Hange, respectively.

Advocate for respective Respondents : Mr. Vivek Bhavthankar. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 04.12.2025 PER COURT :- 1.

Heard learned counsels for the respective parties.

2.

The applicant/acquiring body seeks to condone delay of 51 days. There is no serious contest to the applications. For the reasons stated in the applications, delay stands condoned. Civil applications for delay are allowed.

First Appeals 3.

Issue notice to the respondents.

4.

Learned AGPs waive service of notice for respondent/State. Learned counsel Mr. Bhavthankar waives service of notice for respondents/Caveator.

5.

Record and Proceedings be called for.

6.

Print is dispensed with.

7.

Endeavour shall be made to decide the appeals at the admission stage.

Civil Applications for Stay 8.

Issue notice to the respondents.

9.

Learned AGPs waive service of notice for respondent/State. Learned counsel Mr. Bhavthankar waives service of notice for respondents/Caveator.

10.

I have considered rival submissions of the parties in respect of the conditions to be imposed for granting stay. 11.

Learned counsel for the acquiring body relied on the orders passed by Division Bench granting stay subject to condition of depositing 50% of the amount with accrued interest.

12.

Learned counsel for the respondents has placed on record the award granting stay on depositing of entire amount of compensation with accrued interest. Ends of the justice would be met in granting stay on condition of depositing 75% amount with accrued interest. There shall be ad-interim relief of stay to the operation and execution subject to deposit of 75% amount with accrued interest within a period of twelve

(12) weeks from today.

(SHAILESH P. BRAHME, J.) ...

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