Manohar Apparao Korale Died Lrs Arun Manohar Korale v. The Executive Engineer Irrigation Project Strenghting Majbutikaran Division Omerga

2026:BHC-AUG:21258 1 of 4 04-CA.5269.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO. 5269 OF 2026 IN FAST/16184/2023 PRADEEP MADHUKAR KORALE THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGHTING MAJBUTIKARAN DIVISION OMERGA Mr. Santosh N. Patne, Advocate for Applicant. Mr. Satish B. Parnere, Advocate for Respondent. CIVIL APPLICATION NO. 5270 OF 2026 IN FAST/16187/2023 MADHUKAR APPARAO KORALE THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGHTING MAJBUTIKARAN DIVISION OMERGA Mr. Santosh N. Patne, Advocate for Applicant. Mr. Satish B. Parnere, Advocate for Respondent. CIVIL APPLICATION NO. 5277 OF 2026 IN FAST/16202/2023 MANOHAR APPARAO KORALE DIED LRS ARUN MANOHAR KORALE THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGHTING MAJBUTIKARAN DIVISION OMERGA Mr. Santosh N. Patne, Advocate for Applicant. Mr. Satish B. Parnere, Advocate for Respondent. CIVIL APPLICATION NO. 7002 OF 2023 IN FAST/16184/2023 THE EXECUTIVE ENGINEER PATBANDHARE PROJECT MAJBUTIKARAN DIVISION OSMANABAD DIST OSMANABAD

2 of 4 04-CA.5269.2026.odt PRADIP SO MADHUKAR KORALE AND ORS Mr. Satish Bappasaheb Parnere, Advocate for Applicant Mr. Santosh N. Patne, Advocate for Respondent No.1. CIVIL APPLICATION NO. 7003 OF 2023 IN FAST/16184/2023 THE EXECUTIVE ENGINEER PATBANDHARE PROJECT MAJBUTIKARAN DIVISION OSMANABAD DIST OSMANABAD PRADIP SO MADHUKAR KORALE AND ORS Mr. Satish Bappasaheb Parnere, Advocate for Applicant Mr. Santosh N. Patne, Advocate for Respondent No.1. CIVIL APPLICATION NO. 7005 OF 2023 IN FAST/16187/2023 THE EXECUTIVE ENGINEER, PATBANDHARE PROJECT MAJBUTIKARAN DIVISION OMERGA TQ OMERGA DIST OSMANABAD MADHUKAR SO APPARAO KORALE AND ORS Mr. Satish Bappasaheb Parnere, Advocate for Applicant Mr. Santosh N. Patne, Advocate for Respondent No.1. CIVIL APPLICATION NO. 7004 OF 2023 IN FAST/16187/2023 THE EXECUTIVE ENGINEER, PATBANDHARE PROJECT MAJBUTIKARAN DIVISION OMERGA TQ OMERGA DIST OSMANABAD MADHUKAR SO APPARAO KORALE AND ORS Mr. Satish Bappasaheb Parnere, Advocate for Applicant Mr. Santosh N. Patne, Advocate for Respondent No.1.

3 of 4 04-CA.5269.2026.odt CIVIL APPLICATION NO. 7007 OF 2023 IN FAST/16202/2023 THE EXECUTIVE ENGINEER PATBANDHARE PROJECTMAJBUTIKARAN DIVISION OMERGA TQ OMERGA DIST OSMANABAD MANOHAR SO APPARAO KORALE AND ORS Mr. Satish Bappasaheb Parnere, Advocate for Applicant Mr. Santosh N. Patne, Advocate for Respondent No.1. CIVIL APPLICATION NO. 7006 OF 2023 IN FAST/16202/2023 THE EXECUTIVE ENGINEER PATBANDHARE PROJECTMAJBUTIKARAN DIVISION OMERGA TQ OMERGA DIST OSMANABAD MANOHAR SO APPARAO KORALE AND ORS Mr. Satish Bappasaheb Parnere, Advocate for Applicant Mr. Santosh N. Patne, Advocate for Respondent No.1. CORAM :

SIDDHESHWAR S. THOMBRE, J.

DATE :

5th MAY, 2026 P.C.:- CIVIL APPLICATION/S FOR WITHDRAWAL OF AMOUNT:- 1.

Heard learned Advocates for the respective parties. Mr. Patne, learned Advocate, appears for the Applicant. 2.

By the present application, the Applicant seeks permission to withdraw the amount deposited by the acquiring body. The matter arises out of acquisition of the Applicant's land, which was acquired in

4 of 4 04-CA.5269.2026.odt the year 2004. The acquiring body has preferred an appeal against the award passed by the Reference Court, which is pending and is likely to take some time for final disposal.

3.

Pursuant to the orders passed by this Court, the acquiring body has deposited the awarded amount before this Court. 4.

Considering that the Applicants are agriculturists whose land has been acquired, and having regard to the fact that the appeal is pending and may take time for disposal, the application deserves to be partly allowed. Accordingly, the Applicants are permitted to withdraw 75% of the deposited amount, subject to filing an undertaking that, in the event the appeal is decided against them, they shall refund the withdrawn amount along with applicable interest. FIRST APPEAL (STAMP) NOS.16184 OF 2023, 16187 OF 2023, 16202 OF 2023:- 5.

Admit.

CIVIL APPLICATION/S FOR STAY 6.

This Court has already stayed the impugned order vide its order dated 21.01.2026. In view thereof, the civil application/s are disposed of.

(SIDDHESHWAR S. THOMBRE, J.) Tauseef