1 51. CAF 2828 of 2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2828 OF 2023 WITH CIVIL APPLICATION (CAF) NO.1431 OF 2025 IN FIRST APPEAL (STAMP) NO.6539 OF 2021 V.I.D.C. THROUGH EXECUTIVE ENGINEER, PURNA MEDIUM PROJECT, ACHALPUR AND ANOTHER VERSUS SMT. VENUBAI WD/O TUKARAM DESHMUKH AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. A.R. Joshi, Advocate for Applicants/Appellants. Mr. S.S. Shingane, Advocate for Applicants/Respondent Nos.1 to 7. Mr. M.A. Kadu, AGP for Respondent Nos.8 & 9-State. CORAM : PRAFULLA S. KHUBALKAR, J. DATED : 27th MARCH 2026 1. Heard learned Advocate for the applicants. 2. This is an application for condonation of delay of 146 days in filing the statutory appeal. 3. In response to the notice on this application, Advocate Mr. S.S. Shingane, appears for respondent Nos.1 to 7. Learned AGP appears for respondent Nos.8 and 9-State. 4. Learned Advocate for the applicants submits that the delay of 146 days occurred in the process of obtaining necessary approvals and permissions for filing statutory appeal on behalf of the applicants. 5. Having regard to the contents of the application and submissions advanced, the delay of 146 days does not appear to be 2 51. CAF 2828 of 2023.odt intentional and needs to be condoned in the interest of justice. Hence, the application is allowed and the delay of 146 days in filing statutory appeal is condoned. 6. The civil application is accordingly disposed of. CIVIL APPLICATION (CAF) NO.1431 OF 2025 7. Heard learned Advocate for the applicants/respondent Nos.1 to 7. 8. This is an application for withdrawal of the amount of compensation deposited by the appellants in accordance with the impugned Judgment and Award dated 23.07.2019, passed by Joint Civil Judge Senior Division, Achalpur in L.A.C. No.72 of 2010. 9. It is submitted that the land belonging to respondent Nos.1 to 7 is acquired and they are entitled for compensation of amount deposited and pray for withdrawal of the same. 10. Having regard to the contents of the application and submissions advanced, at this stage, the applicants need to be allowed to withdraw 75% of amount of compensation along with accrued interest. Hence, the application is allowed and the applicants are permitted to withdraw 75% of amount of compensation deposited along with accrued interest, subject to the applicants furnishing usual undertaking to the Registrar (Judicial) that in case the appeal is allowed, they will refund the amount. The amount be paid to the applicants in equal proportion. 11. In view of the above, the civil application is disposed of. 3 51. CAF 2828 of 2023.odt FIRST APPEAL (STAMP) NO.6539 OF 2021 12. Heard. 13. In view of the grounds raised, Admit. 14. Call Record and Proceedings. 15. Advocate Mr. S.S. Shingane, appears for respondent Nos.1 to 7 and waives service of notice on behalf of respondent Nos.1 to 7. Learned AGP waives service of notice on behalf of respondent Nos.8 and 9-State. 16. The appellants are directed to file private paper book within a period of eight weeks from today. (PRAFULLA S. KHUBALKAR, J.) asd