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Bombay High CourtCAF/1453/2026ca disposed off

V.I.D.C. Thr. Exe. Engineer, Nimna Painganga Project Division (Bembla Project), Yavatmal v. Sau. Hansabai Ramdasji Ghanmode And Others

2026-03-27Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2026:BHC-NAG:77 1 59. FA 961 of 2022+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1453 OF 2026 IN FIRST APPEAL NO.961 OF 2022 V.I.D.C. THR. EXE. ENGINEER, NIMNA PAINGANGA PROJECT DIVISION (BEMBLA PROJECT), YAVATMAL

VERSUS

SAU. HANSABAI RAMDASJI GHANMODE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.J. Gohokar, Advocate for Appellant.

Mr. M.A. Kadu, AGP for Respondent Nos.2 & 3-State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 27th MARCH 2026 1.

By this application, the appellant seeks permission to deposit the amount of compensation, by granting extension of time. 2.

It is submitted that, although this Court had earlier granted time to deposit the amount of compensation by order dated 28.02.2024 and interim relief was granted subject to deposit of the amount within a period of four weeks, but the said amount was not deposited within the said period. It is submitted that the appellant is ready to deposit the entire amount of compensation along with interest.

3.

It has to be noted that this Court had granted interim relief by order dated 28.02.2024, subject to deposit of the entire

2 59. FA 961 of 2022+.odt amount of compensation within a period of four weeks. Neither the amount was deposited within the said period nor any application was submitted before the expiry of said period. The present application is filed on 25.03.2026. The reasons now mentioned in the application are about the procedure and compliances only. However, considering the controversy involved, the appellant needs to be granted an opportunity to deposit the amount, however, subject to costs. In view of this, the application is allowed and the appellant is permitted to deposit the entire amount of compensation within a period of two weeks from today, subject to costs of Rs.5,000/- (Rupees Five Thousand Only), to be deposited by the appellant in Public Welfare Account, which is ordered to be opened vide order dated 12.01.2026, passed in SMPIL No.01 of 2021, within a period of four weeks from today.

5.

In view of the deposit of the entire amount of compensation, interim relief granted by order dated 28.02.2024, shall continue to operate during pendency of the appeal. (PRAFULLA S. KHUBALKAR, J.) asd