Sojarbai Bodha Shinde And ANR v. The State Of Maharashtra Through Collector Osmanabad At Osmanabad And ORS

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 5297 OF 2025 IN FAST/32905/2023 SOJARBAI BODHA SHINDE AND ANR THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD AND ORS CIVIL APPLICATION NO. 13070 OF 2023 IN FAST/32905/2023 CIVIL APPLICATION NO. 13071 OF 2023 IN FAST/32905/2023 CIVIL APPLICATION (STAMP) NO.15388 OF 2025 IN FIRST APPEAL (STAMP) NO.32905 OF 2023 SOJARBAI BODHA SHINDE AND ORS CIVIL APPLICATION NO. 5298 OF 2025 IN FAST/32909/2023 JALLINDHAR BAPU PADULKAR DIED THROUGH HIS LRS RAJABHAU JALINDHAR PADULKAR AND ANR THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD AND ORS CIVIL APPLICATION NO. 13072 OF 2023 IN FAST/32909/2023

*2* CIVIL APPLICATION NO. 13073 OF 2023 IN FAST/32909/2023 CIVIL APPLICATION (STAMP) NO.15387 OF 2025 IN FIRST APPEAL (STAMP) NO.32909 OF 2023 JALINDHAR BAPU PADULKAR DIED THROUGH LRS RAJABHAU JALINDHAR PADULKAR AND 939 CIVIL APPLICATION NO. 5299 OF 2025 IN FAST/32835/2023 SANDIPAN MALDEO PADULE THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD AND ORS ...

CIVIL APPLICATION NO. 5300 OF 2025 IN FAST/32839/2023 MANIK NARHARI TAKALE THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD AND ORS CIVIL APPLICATION NO. 13092 OF 2023 IN FAST/32835/2023 CIVIL APPLICATION NO. 13093 OF 2023 IN FAST/32835/2023 CIVIL APPLICATION (STAMP) NO.15385 OF 2025

*3* SANDIPAN MALDEO PADULE AND ORS CIVIL APPLICATION NO. 13094 OF 2023 IN FAST/32839/2023 CIVIL APPLICATION NO. 13095 OF 2023 IN FAST/32839/2023 CIVIL APPLICATION (STAMP) NO.15383 OF 2025 MANIK NARHARI TAKALE AND ORS CIVIL APPLICATION NO. 13096 OF 2023 IN FAST/32843/2023 CIVIL APPLICATION NO. 13097 OF 2023 IN FAST/32843/2023 CIVIL APPLICATION (STAMP) NO.15382 OF 2025 MAHADEVE BAPU PADULE AND ORS Shri R.K. Ingole, Advocate for the appellant/ acquiring body. Shri Abhijit More, Advocate for the claimants. Ms. A.S. Mantri and Ms. V.N. Patil Jadhav, AGPs for the respondents/ State.

...

*4* CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 07th May, 2025 Per Court :- Order on Civil Applications for depositing the amounts: 1.

Civil Application (stamp) Nos.15388/2025, 15383/2025, 15382/2025, 15387/2025 and 15385/2025, are tendered across the Bar by the learned advocate for the appellant/ acquiring body, seeking extension of time to deposit the cheques as directed by order dated 30.10.2023.

2.

It is submitted that by order dated 30.10.2023, this Court had granted interim stay to the execution of the impugned judgments and awards on the condition of the appellant acquiring body depositing 75% of the award amounts along with accrued interest within twelve weeks from the date of the order. It is submitted that although time was granted for deposit of the amount, however, in view of compliance of official procedure and due to non availability of funds, the amounts could not be deposited within the time granted by this Court. It is, therefore, submitted that now the cheques are ready and can be deposited

*5* within the extended time.

3.

Learned advocate for the respondents/ claimants has no objection.

4.

Considering the reasons mentioned in the Civil Applications and the submissions advanced, time to deposit the cheques is extended by one week. The Civil Applications for depositing the amounts are disposed of.

Order on Civil Applications for condonation of delay:- 5.

It is submitted that delay in filing the First Appeals occurred because of requirement to obtain approvals and budgetary provision for arranging court fees. 6.

Considering the reasons mentioned in the applications and the submissions advanced, delay in filing the First Appeals is condoned subject to deposit of costs of Rs.1500/- (Rupees One Thousand Five Hundred) with the Bar Library of the Government Pleader, Bench at Aurangabad, within four weeks from today. The Civil Applications for condonation of delay are disposed of.

*6* Order on the Civil Applications for stay:- 7.

Since the cheque of the amounts to be deposited as directed by this Court vide order dated 30.10.2023, is ready and learned advocate for the acquiring body undertakes to deposit the same within one week, the interim relief granted earlier is confirmed. The Civil Applications for stay are disposed of. Order on the Civil Applications for withdrawal of amounts:- 8.

At the request of the learned advocate for the claimants, stand over to 30.06.2025.

kps ( PRAFULLA S. KHUBALKAR, J.)