City And Industrial Development ... vs Bhaginath Asaram Sale And Anr
2025 Latest Caselaw 6444 Bom

Bombay High Court

City And Industrial Development ... vs Bhaginath Asaram Sale And Anr on 4 October, 2025

                                   (1)                      ca10610.24


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

             903 CIVIL APPLICATION NO. 10610 OF 2024
                        IN FAST/27122/2024
        CITY AND INDUSTRIAL DEVELOPMENT CORPORATION WALUJ
              MAHANAGAR PRAKALP 1 CIDCO AURANGABAD
                              VERSUS
                   BHAGINATH ASARAM SALE AND ANR
                               WITH
               CIVIL APPLICATION NO. 10609 OF 2024
                        IN FAST/27122/2024

Mr.Shambhuraje V. Deshmukh, Advocate for the applicant.
Mr.D.M. Pingale, Advocate for respondent No.1.
Mr.R.B. Dhaware, AGP for the respondent-State.

                                      CORAM : KISHORE C. SANT, J.

DATE : 04.10.2025

PC :-

CIVIL APPLICATION FOR CONDONATION OF DELAY

01. Heard. This application is for condonation of delay of 31 days caused in filing appeal by the Acquiring Body.

02. For the reasons stated in the application, the delay is condoned. The application is allowed. Office to register the First Appeal.

CIVIL APPLICATION FOR STAY

01. Heard learned Advocate for the applicant. It is submitted that the Acquisition Proceeding is of 2002. Though references were filed in the year 2002, those were sent to the Court in the year 2017 putting (2) ca10610.24

unnecessary burden of interest on the appellant. It is, however, submitted that the learned Reference Court has enhanced the amount by relying upon judgment in LAR No. 459 of 1998, which is in respect of another proceeding and the said sale-instance could not have been considered for the purpose of deciding present reference.

02. This application is opposed by the learned Advocate for the respondent. However, to balance the equities, following order.

03. There shall be stay to the impugned judgment and award till next date subject to the appellant/applicant depositing 75% of the amount of award along with interest in the office of this court within 16 (sixteen) weeks from today.

04. The appeal be taken up along with appeals filed by the claimants bearing First Appeal No. 4941 of 2025 and First Appeal No. 2502 of 2025.

05. Stand over to 16.02.2026.

[KISHORE C. SANT, J.] snk/2025/Oct25/ca10610.24