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2015 DAILYLAW 2837 (BOM)

RAJENDRA VITHHAL PATIL v. THE SPECIAL LAND ACQUISITION OFFICER, M.I.W., JALGAON AND ANR

CA/12420/2016 · 2026-04-30

Shri Sanjay A Deshmukh

body2015

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 928 FIRST APPEAL NO. 2536 OF 2015 VITTHAL DAMODAR PATIL VERSUS THE SPECIAL LAND ACQUISITION OFFICER, M I W JALGAON AND ANOTHER ... Mr. A. B. Kale, Advocate for Appellant Mr. S. G. Joshi, AGP for the Respondent/State WITH FIRST APPEAL NO. 1242 OF 2012 THE EXECUTIVE ENGINEER, MINOR IRRITATION JALGAON VERSUS RAJENDRA VITTHAL PATIL AND ANR … Mr. S. S. Chillarge, Advocate for the appellant WITH CIVIL APPLICATION NO. 4831 OF 2014 IN FA/1242/2012 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVI. JALGAON VERSUS REJENDRA VITTHAL PATIL AND ANOTHER … Mr. S. S. Chillarge, Advocate for the Applicant WITH CIVIL APPLICATION NO. 12420 OF 2016 IN X-OBJST/36791/2015 RAJENDRA VITHHAL PATIL VERSUS THE SPECIAL LAND ACQUISITION OFFICER, M.I.W., JALGAON AND ANR … 928 FA 2536.2015.odt 1 of 4 Mr. A. B. Kale, Advocate for Applicant Mr. S. G. Joshi, AGP for the Respondent/State WITH CIVIL APPLICATION NO. 8568 OF 2011 IN FA/1242/2012 THE EXECUTIVE ENGINEER, MINOR IRRITATION JALGAON VERSUS RAJENDRA VITTHAL PATIL AND ANR … Mr. S. S. Chillarge, Advocate for the Applicant CORAM : SANJAY A. DESHMUKH, J. DATED : 30th APRIL, 2026 P. C. :- ORDER BELOW CIVIL APPLICATION NO. 4831 OF 2014 IN FA NO. 1242/2012 1. This is an application seeking grant of 12 weeks’ time to deposit 50% of the amount under the impugned judgment and award. The application was filed on 06/02/2014, and more than 14 years have elapsed. It is submitted that the entire amount has already been deposited in this Court. 2. In view of the above, the application has become infructuous and is disposed of accordingly. ORDER BELOW CIVIL APPLICATION NO. 8568 OF 2011 3. This is an application seeking stay to the execution of the 928 FA 2536.2015.odt 2 of 4 impugned judgment and award. It is submitted that the entire amount has been deposited in this Court. In view thereof, the application deserves to be allowed. Hence, the application is allowed and disposed of. ORDER BELOW CIVIL APPLICATION NO. 12420 OF 2016 4. This is an application for condonation of delay of 866 days in for filing X-Objection. 5. Perused the application. Heard learned Advocates for both sides. Considering reasons stated in the application and law laid down by the Hon’ble Supreme Court in the case of New Okhla Industrial Development Authority vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal heir and another; 2022 SCC Online SC 1599. The application deserves to be allowed in the interest of justice as the delay is not deliberate caused. Hence, application is allowed. Delay is condoned. 6. X-Objection be registered. Mr. Chillarge, learned Advocate waives service of notice for Respondent No.1. ORDER BELOW FIRST APPEAL NOS. 1242 OF 2012 AND 2536 OF 2015 7. Heard learned Advocate Mr. A. B. Kale for the appellant at length. Mr. Chillarge, learned Advocate for the Acquiring Body, seeks time. The 928 FA 2536.2015.odt 3 of 4 appeals have been remanded by the Hon’ble Supreme Court; therefore, it is necessary that these appeals be heard and decided as expeditiously as possible. 8. Stand over to 5th May, 2026 at 2.30 p.m. first on board. (SANJAY A. DESHMUKH, J.) ssp 928 FA 2536.2015.odt 4 of 4