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Bombay High CourtCAF/822/2026ca disposed off

Executive Engineer, Van Project Div. (Jigaon Proj., Dam And Rehabilitation Div. Shegaon) And 1 v. Gopal Manoharlal Godhani And Others

2026-03-13Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

2026:BHC-NAG:4290 1-caf821.26.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (F) NO. 821 OF 2026 IN FIRST APPEAL ST. NO. 19760 OF 2025 Executive Engineer, Van Project Division, Shegaon & anr. -Vs.- Gopal Manoharlal Godhani and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. P. B. Patil, Adv. for the appellants.

Mr.K.J.Topale, Adv.for the respondent Nos.1 and 2. Mr.H.D.Futane, AGP for the respondents-State. CORAM : SMT. M. S. JAWALKAR & NANDESH S.DESHPANDE, JJ.

DATE : 13TH MARCH, 2026 CIVIL APPLN. (F) NO. 821 OF 2026 The present application is filed for condonation of delay in filing first appeal. The delay of 87 days is caused in filing the appeal. The respondents opposed the application. For the reasons mentioned in the application, we are satisfied that there is sufficient cause to condone the delay. Accordingly, the delay in filing the first appeal is condoned. The application is allowed and disposed of.

2.

The Registry is directed to register the first appeal. 3.

After the first appeal is registered, issue notice to the respondents, returnable on 10/04/2026.

4.

Learned counsel Mr. K.J.Topale waives notice for the respondent Nos.1 and 2 and learned AGP Mr.H.D.Futane waives notice for the respondent Nos.3 and 4. KHUNTE

1-caf821.26.odt 2/2 CIVIL APPLN. (F) NO. 822 OF 2026 The present application is filed for grant of stay to the effect, operation and execution of impugned decree dated 27/03/2025 passed by the Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur in Case No.1982/AMT/ BLD/2019 during the pendency of appeal.

2.

The learned counsel for the appellants on instructions submits that the appellants will deposit the amount of Rs.1,64,74,633/- within two weeks from the date of this order. He also submits that the interest accrued on the said principal amount will be deposited within ten weeks from today. The application is therefore allowed in the following terms.

3.

The appellants to deposit Rs.1,64,74,633/- (Rs.One Crore Sixty Four Lakh Seventy Four Thousand Six Hundred and Thirty Three) within two weeks with the Registry of this Court from the date of this order.

4.

Furthermore, the appellants are directed to deposit the interest accrued on the said principal amount within ten weeks with the Registry of this Court from the date of this order.

5.

The effect, operation, implementation and execution of the impugned judgment and award is hereby stayed, subject to deposit as stated above.

6.

The application is allowed in the above terms and disposed of.

7.

To be heard along with First Appeal St.Nos.12952 & 19763 of 2025.

(NANDESH S.DESHPANDE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 16/03/2026 10:21:00 KHUNTE