The Ex. Engineer, Minor Irrigation Div. Jalna Now J.M.I.D. Jalna Under Gmidc And ORS v. Paruba Kahnu Gayake

2025:BHC-AUG:27897 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 10947 OF 2025 IN FAST/38262/2023 PARUBA KAHUNU GAYAKE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALNA WITH CIVIL APPLICATION NO. 1791 OF 2024 IN FAST/38262/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV. JALNA NOW J.M.I.D. JALNA UNDER GMIDC AND ORS

VERSUS

PARUBA KAHNU GAYAKE WITH CIVIL APPLICATION NO. 1793 OF 2024 IN FAST/38262/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV. JALNA NOW J.M.I.D. JALNA UNDER GMIDC AND ORS

VERSUS

PARUBA KAHNU GAYAKE Mr.A.H. Koralkar, Advocate for the claimant.

Mr.B.R. Survase, Advocate for the Acquiring Body. Ms.R.R. Tandale, AGP for the State.

CORAM

: KISHORE C. SANT, J.

DATE : 04.10.2025 PC :- CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT Heard. This application is for withdrawal of the amount deposited by the Acquiring Body/appellant in the office of this Coiurt along with interest. In similar matter, this Court has allowed the applicants to withdraw 75% of the amount. Considering the same, following order.

i) The applicants are allowed to withdraw 50% of the

( 2 ) amount deposited along with accrued interest on furnishing usual undertaking. Further 25% of the amount is allowed to be withdrawn along with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining amount shall be invested in fixed deposit of any nationalized bank to be renewed from time to time till disposal of the appeal.

ii) This Civil Application is accordingly allowed and is disposed off.

CIVIL APPLICATION FOR STAY 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 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.

( 3 ) FIRST APPEAL Heard. Issue notice to the respondents, returnable on 15.12.2025.

02.

Learned Advocate Mr. Koralkar waives service of notice for all the respondents.

03.

Call for record and proceedings.

[KISHORE C. SANT, J.] snk/2025/Oct25/ca10947.25