Bombay High Court
The Executive Engineer, M.I.D.1, ... vs Pandharinath Vishwanath Wagh Thr Lrs ... on 4 October, 2025
2025:BHC-AUG:27888
(1) ca10970.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
937 CIVIL APPLICATION NO. 10970 OF 2025
IN FAST/29738/2023
JANARDHAN ASARAM SABLE
VERSUS
THE EXECUTIVE ENGINEER AND ORS
WITH
CIVIL APPLICATION NO. 13714 OF 2023
IN FAST/29738/2023
THE EXECUTIVE ENGINEER, M.I.D. 1, AURANGABAD AND ORS
VERSUS
JANARDHAN ASARAM SABLE
WITH
CIVIL APPLICATION NO. 13715 OF 2023
IN FAST/29738/2023
THE EXECUTIVE ENGINEER, M.I.D. 1, AURANGABAD AND ORS
VERSUS
JANARDHAN ASARAM SABLE
939 CIVIL APPLICATION NO. 10975 OF 2025
IN FAST/28428/2023
PANDHARINATH VISHWANATH WAGH DIED THROUGH LRS 1A PRAKASH
PANDHARINATH WAGH
VERSUS
THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT 1 AURANGABAD
WITH
CIVIL APPLICATION NO. 13713 OF 2023
IN FAST/28428/2023
THE EXECUTIVE ENGINEER, M.I.D.1, AURANGABAD AND ORS
VERSUS
PANDHARINATH VISHWANATH WAGH THR LRS PRAKASH AND ORS
WITH
CIVIL APPLICATION NO. 13712 OF 2023
IN FAST/28428/2023
THE EXECUTIVE ENGINEER, M.I.D.1, AURANGABAD AND ORS
VERSUS
PANDHARINATH VISHWANATH WAGH THR LRS PRAKASH AND ORS
Mr. Shaikh Tarek Mobin H., Advocate for the claimants.
Ms.Chaitali P. Rakate h/f. Ms. Suvarna Zaware, Advocate for Acquiring
Body.
Ms.Chaitali Choudhari Kutti and Ms. R.R. Tandale, AGP for the State.
CORAM : KISHORE C. SANT, J.
DATE : 04.10.2025
(2) ca10970.25
PC :-
CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT.
01. Heard learned Advocates for the parties. This application is
filed for withdrawal of the amount deposited by the appellant in the office
of this Court, pursuant to impugned judgment and award. Learned
Advocate for the applicants relies on an order passed by this Court in
similar matters i.e. CA No. 10776 of 2025 dated 30.09.2025.
02. This application is opposed of learned Advocate for the
respondent.
03. However, considering that this Court has already passed
orders in similar matters, following order :-
i) This Civil Application stands partly allowed.
ii) The applicants are permitted to withdraw 75% of the amount along
with accrued interest deposited in this Court. 50% of the amount shall
be withdrawn on furnishing usual undertaking. 25% amount shall be
withdrawn on furnishing solvent surety/security to the satisfaction of
learned Registrar (Judicial) of this Court. Remaining amount shall be
invested in fixed deposit of any nationalized bank to be renewed from
time to time till disposal of the appeals.
(3) ca10970.25
CIVIL APPLICATION FOR STAY
01. Since the appellant-applicant has already deposited entire
amount as per impugned judgment and award, in the office of this Court,
there shall be stay to the impugned judgment and award till decision of
the appeal.
02. The Civil Application for stay accordingly stands disposed off.
CIVIL APPLICATION FOR CONDONATION OF DELAY
01. This application is filed for condonation of delay caused in
filing appeal.
02. For the reasons stated in the application, the delay stands
condoned. This Civil Application is accordingly allowed and is disposed
off.
[KISHORE C. SANT, J.]
snk/2025/Oct25/ca10970.25
