State Of Maharashtra Thr. Executive Engineer And ANR. v. Narayan Bhanudas Pawar And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12972 OF 2024 IN FIRST APPEAL ST NO. 24290 OF 2023 The State of Maharashtra and anr ....Applicants Vs.

Narayan Bhanudas Pawar and ors ....Respondents WITH INTERIM APPLICATION NO. 11448 OF 2025 IN FIRST APPEAL ST NO. 24290 OF 2023 Narayan Bhanudas Pawar and ors ....Applicants Vs.

The State of Maharashtra and anr ....Respondents Mr. Vaibhav Gaikwad for the applicant in IA 11448/2025 Mr. S. H. Yadav, AGP for the State in IA 12972/2024

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

17th DECEMBER, 2025.

P.C.

INTERIM APPLICATION NO. 12972 OF 2024:

Not on board. Taken on board.

1.

Heard learned counsel for the applicant-State. By this application, the applicant is seeking condonation of delay of 306 days in filing the appeal.

2.

Considering the submissions of the learned counsel for the

applicant and the reasons mentioned in the application, the delay of 306 days is condoned. The application is allowed and disposed off. 3.

The Appeal be registered.

INTERIM APPLICATION NO. 11448 OF 2025 4.

Heard learned counsel for the applicant and learned counsel for the respondent-State.

5.

It is contention of learned counsel for applicant that the land of the applicant is acquired by the respondent-State. The respondentState has deposited entire enhanced amount. The applicant needs the amount for his daily expenses. Hence, requested to allow the application.

6.

Learned counsel for the respondent-State objected to allow the application on the ground that Reference Court has awarded exorbitant and excessive compensation. Hence, requested to reject the application.

7.

I have heard both learned counsels. Considering the submissions of both the counsels as well as land of the applicant is already acquired, the grounds raised by the respondent-State can be considered at the time of final hearing of the appeal. Hence, I pass

following order:

O R D E R

I.

The application is allowed.

II.

The applicants are permitted to withdraw 50% amount alongwith accrued interest thereon out of the deposited amount on furnishing usual undertaking.

III.

Allowing 50% withdrawal of amount does not mean that the Court is considering the claim of the respondents made before the Reference Court.

8.

The application is disposed off in above terms. (SHIVKUMAR DIGE, J.) IRESH MASHAL IRESH MASHAL Date: 2025.12.23 17:08:15 +0530