The Executive Engineer Osmanabad Minor Irrigation Div. v. 1. Shatrughn Khandappa Birajdar And ORS

2025:BHC-AUG:28286 1 43-CA 9947-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9947 OF 2025 IN FAST/37768/2023 Govind Apparao Dalimbe Mr. Ramesh V. Naiknavare, Advocate for the Applicant. CIVIL APPLICATION NO. 62 OF 2024 IN FAST/37768/2023 Govind Apparao Dalimbe and others CIVIL APPLICATION NO. 63 OF 2024 IN FAST/37768/2023

2 43-CA 9947-2025.odt Govind Apparao Dalimbe and others AND CIVIL APPLICATION NO. 9946 OF 2025 IN FAST/37866/2023 Shatrughn Khandappa Birajdar Mr. Ramesh V. Naiknavare, Advocate for the Applicant. CIVIL APPLICATION NO. 66 OF 2024 IN FAST/37866/2023 Shatrughn Khandappa Birajdar and others CIVIL APPLICATION NO. 67 OF 2024 IN FAST/37866/2023

3 43-CA 9947-2025.odt Shatrughn Khandappa Birajdar and others AND CIVIL APPLICATION NO. 9949 OF 2025 IN FAST/37857/2023 Mahantappa Ghyamrao Chinchole Mr. Ramesh V. Naiknavare, Advocate for the Applicant. CIVIL APPLICATION NO. 61 OF 2024 IN FAST/37857/2023 Mahantappa Ghyamrao Chinchole and others CIVIL APPLICATION NO. 60 OF 2024 IN FAST/37857/2023

4 43-CA 9947-2025.odt Mahantappa Ghyamrao Chinchole and others AND CIVIL APPLICATION NO. 9948 OF 2025 IN FAST/37861/2023 Ganesh Manohar Mohan Birajdar and others .. Applicants Mr. Ramesh V. Naiknavare, Advocate for the Applicants. CIVIL APPLICATION NO. 64 OF 2024 IN FAST/37861/2023 Ganesh Manohar Mohan Birajdar and others CIVIL APPLICATION NO. 65 OF 2024 IN FAST/37861/2023

5 43-CA 9947-2025.odt Ganesh Manohar Mohan Birajdar and others CORAM : KISHORE C. SANT, J.

DATE : 06th OCTOBER, 2025.

PER COURT :- CIVIL APPLICATION NO. 9947 OF 2025 :

CIVIL APPLICATION NO. 9946 OF 2025 :

CIVIL APPLICATION NO. 9949 OF 2025 :

CIVIL APPLICATION NO. 9948 OF 2025 :

1.

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

2.

This Court in Civil Application No. 7607/2023 with other connected applications has already allowed the applicants therein to withdraw 75% of the amount by order dated 23.06.2023. 3.

The learned advocate for the acquiring body opposes the applications.

4.

Considering that this Court has already passed order in

6 43-CA 9947-2025.odt similar matters, following order :

ORDER

(I) The applicants are permitted to withdraw 50% of the amount along with accrued interest on furnishing usual undertaking to the learned Registrar (Judicial) of this Court. Further 25% of the amount is allowed to be withdrawn along with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Balance amount be kept in a fixed deposit in any Nationalized Bank to be renewed from time to time till disposal of the appeals. (II) The civil applications stand disposed of.

CIVIL APPLICATION NO. 63 OF 2024 :

CIVIL APPLICATION NO. 67 OF 2024 :

CIVIL APPLICATION NO. 61 OF 2024 :

CIVIL APPLICATION NO. 65 OF 2024 :

1.

Since the acquiring body has already deposited the amount in the office of this Court, there shall be stay to the impugned judgment and award till final disposal of the appeals. 2.

The civil applications stand disposed of.

7 43-CA 9947-2025.odt CIVIL APPLICATION NO. 62 OF 2024 :

CIVIL APPLICATION NO. 66 OF 2024 :

CIVIL APPLICATION NO. 60 OF 2024 :

CIVIL APPLICATION NO. 64 OF 2024 :

1.

These applications are for condonation of delay caused in filing the first appeals.

2.

For the reasons stated in the applications, delay stands condoned. The civil applications are allowed. Office to register first appeals.

3.

The civil applications stand disposed of.

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