Bombay High Court
The Ex. Engineer, Minor Irrigation ... vs Baburao Kishanrao Padulkar (Died) Thr ... on 20 November, 2025
1 922CA12655.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
922 CIVIL APPLICATION NO. 12655 OF 2025
IN FAST/41332/2019
Baburao Kishanrao Padulkar (died) Thr Lrs Ashok And Anr
VERSUS
The State Of Maharashtra Thr. Collector Osmanabad And Ors
...
Mr. Prasad D. Wakhare h/f Mr. Amar V. Lavte - Advocate for Applicant
Mr. A. D. Wange - AGP for State
Mr. Suresh W. Munde - Advocate for Respondent No.1
...
WITH
CIVIL APPLICATION NO. 10171 OF 2021 IN FAST/41332/2019
The Exe. Engineer, MID, Latur & Ors.
VERSUS
Baburao Kishanrao Padulkar (died) Thr Lrs Ashok And Anr
...
Mr. Suresh W. Munde - Advocate for Applicants
Mr. A. D. Wange - AGP for State
Mr. Prasad D. Wakhare h/f Mr. Amar V. Lavte - Advocate for Respondent
Nos. 1 and 2
...
CIVIL APPLICATION NO. 10173 OF 2021 IN FAST/41332/2019
The Exe. Engineer, MID, Latur & Ors.
VERSUS
Baburao Kishanrao Padulkar (died) Thr Lrs Ashok And Anr
...
Mr. Suresh W. Munde - Advocate for Applicants
Mr. A. D. Wange - AGP for State
Mr. Prasad D. Wakhare h/f Mr. Amar V. Lavte - Advocate for Respondent
Nos. 1 and 2
...
CIVIL APPLICATION NO. 10169 OF 2021 IN FAST/3931/2020
The Exe. Engineer, MID, Latur & Ors.
VERSUS
Baburao Kishanrao Padulkar (died) Thr Lrs Ashok And Anr
2 922CA12655.2025.odt
...
Mr. Suresh W. Munde - Advocate for Applicants
Mr. A. D. Wange - AGP for State
Mr. Prasad D. Wakhare h/f Mr. Amar V. Lavte - Advocate for Respondent
Nos. 1 and 2
...
CIVIL APPLICATION NO. 10170 OF 2021 IN FAST/3931/2020
The Exe. Engineer, MID, Latur & Ors.
VERSUS
Baburao Kishanrao Padulkar (died) Thr Lrs Ashok And Anr
...
Mr. Suresh W. Munde - Advocate for Applicants
Mr. A. D. Wange - AGP for State
Mr. Prasad D. Wakhare h/f Mr. Amar V. Lavte - Advocate for Respondent
Nos. 1 and 2
...
CORAM : NEERAJ P. DHOTE, J.
DATED : 20TH NOVEMBER, 2025
PER COURT : -
CIVIL APPLICATION NO. 12655 OF 2025 IN FAST/41332/2019: -
1. By the present Application, the Claimants have prayed for
withdrawal of the entire amount deposited by the Acquiring Body in this
Court.
2. Heard the learned Advocate for the Claimants/Applicants,
learned AGP for the State, and the learned Advocate for the Acquiring
Body.
3. The Acquiring Body has deposited 75% amount under the
Award. The compensation enhanced by the learned Reference Court is
3 922CA12655.2025.odt
little over four (4) times. 25% amount is secured with the Acquiring
Body. Hence, I proceed to pass the following order: -
ORDER
[i] The Applicants are allowed to withdraw the entire 75%
amount with accrued interest thereon deposited by the Acquiring Body
on furnishing regular undertaking to the satisfaction of the Registrar
(Judicial) of this Court.
[ii] The Civil Application No. 12655 of 2025 stands disposed
off.
CIVIL APPLICATION NO. 10171 OF 2021 IN FAST/41332/2019: -
1. This is an Application for condonation of 2694 days delay in
preferring the First Appeal.
2. Heard the learned Advocate for the Applicants/Acquiring
Body and the learned Advocate for the Claimants.
3. For the reasons mentioned in the Application, the
Application is allowed in terms of prayer clause 'B'.
4. The Office shall register the Appeal.
CIVIL APPLICATION NO. 10173 OF 2021 IN FAST/41332/2019: -
1. This is an Application for stay to the impugned Judgment
and Award passed by the learned Reference Court in L.A.R. No. 283 of
4 922CA12655.2025.odt
1997 decided on 10.02.2012.
2. The Acquiring Body has deposited 75% amount under the
Award along with interest accrued thereon. Thus, the Application is
allowed in terms of prayer clause 'B', which reads as under : -
"(B) Pending hearing and final disposal of the First Appeal, the
effect, execution and implementation of the Judgment & Order
dated 10.02.2012 passed by the Ld. 2 nd Jt. Civil Judge (S.D.)
Latur, in Land Acquisition Reference No. 283/1997 may kindly
be stayed."
3. The Application stands disposed of.
CIVIL APPLICATION NO. 10169 OF 2021 IN FAST/3931/2020:-
1. This is an Application for condonation of 2733 days delay in
preferring the First Appeal.
2. Heard the learned Advocate for the Applicants/Acquiring
Body and the learned Advocate for the Claimants.
3. For the reasons mentioned in the Application, the
Application is allowed in terms of prayer clause 'B'.
4. The Office shall register the Appeal.
CIVIL APPLICATION NO. 10170 OF 2021 IN FAST/3931/2020:-
1. This is an Application for stay to the impugned Judgment
and Award passed by the learned Reference Court in L.A.R. No. 284 of
1997 decided on 10.02.2012.
2. The Acquiring Body has deposited 75% amount under the
5 922CA12655.2025.odt
Award along with interest accrued thereon. Thus, the Application is
allowed in terms of prayer clause 'B', which reads as under : -
"(B) Pending hearing and final disposal of the First Appeal, the
effect, execution and implementation of the Judgment & Order
dated 10.02.2012 passed by the Ld. 2 nd Jt. Civil Judge (S.D.)
Latur, in Land Acquisition Reference No. 284/1997 may kindly
be stayed."
3. The Application stands disposed of.
[NEERAJ P. DHOTE]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 21/11/2025 17:10:02
