← Library
Bombay High CourtFA/22/2026disposed off

Vasant S/O Bhagaji Ragde And ANR. v. The Executive Engineer Minor Irrigation Division Jalna And ORS.

2026-02-18Hon'Ble Shri Justice Shailesh P. Brahme3 pages

1 10, 27, 82 & 115 fa 3715.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 10 FIRST APPEAL NO. 3715 OF 2022 WITH CIVIL APPLICATION NO. 14045 OF 2025 Sandu Rustum Kharat and others .. Appellants

Versus

The State of Maharashtra, through the Collector, Jalna and others .. Respondents Shri V. M. Humbe, Advocate for the Appellants. Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 and 2. Shri S. S. Dande, Advocate for the Respondent No. 3. AND 27 FIRST APPEAL NO. 22 OF 2026 WITH CIVIL APPLICATION NO. 14048 OF 2025 Vasant Bhagaji Ragde and others .. Appellants

Versus

The Executive Engineer Minor Irrigation Division Jalna and others .. Respondents Shri V. M. Humbe, Advocate for the Appellants. Shri S. S. Dande, Advocate for the Respondent No. 1. Shri N. D. Raje, A.G.P. for the Respondent Nos. 2 and 3. AND 82 FIRST APPEAL NO. 23 OF 2026 WITH CIVIL APPLICATION NO. 14043 OF 2025 Bhika Shripat Kharat Since deceased through his L.Rs.

Rukhmanbai Died through L.Rs.

Maroti and another .. Appellants

Versus

2 10, 27, 82 & 115 fa 3715.22 The Executive Engineer Minor Irrigation Division Jalna and others .. Respondents Shri V. M. Humbe, Advocate for the Appellants. Shri S. S. Dande, Advocate for the Respondent No. 1. Shri S. V. Hange, A.G.P. for the Respondent Nos. 2 and 3. AND 115 FIRST APPEAL NO. 1751 OF 2023 WITH CIVIL APPLICATION NO. 13337 OF 2025 Uttam Daulat Kharat .. Appellant

Versus

The State of Maharashtra, through the Collector, Jalna and others .. Respondents Shri Vilas M. Humbe, Advocate for the Appellant. Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2. Shri Ruturaj C. Patil, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH FEBRUARY, 2026.

ORDER :

.

These are the applications filed by the appellants - claimants U/O 41 Rule 27 of the Code of Civil Procedure. 2.

Parties are unanimous that this Court had dealt with such type of applications and the appeals vide common order dated 11th December, 2025 were allowed partly and matters were relegated to the Reference Court for deciding them afresh by considering the additional evidence also. The acquiring body has taken out proceedings of review against the order dated 11th

3 10, 27, 82 & 115 fa 3715.22 December, 2025. It is kept on 18.03.2026.

3.

Whether the matters are to be relegated to the Reference Court for consideration afresh as well as whether additional evidence can be taken into account is subjudice in review applications. I find it fit to place present applications with first appeals on 18.03.2026 to avoid inconsistencies. 4.

Place present applications with first appeals in urgent admission category. Present appeals with applications shall be placed along with Review Application No. 14159 0f 2025 in First Appeal No. 2334 of 2022 with other connected matters. [ SHAILESH P. BRAHME J. ] bsb/Feb. 26