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2025 DAILYLAW 4429 (BOM)

Mohan Krishnaji Gaikwad v. The State of Maharashtra through The Collector Osmanabad

CA/9698/2026 · 2026-09-03

body2025

Judgment text

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1 1071.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13433 OF 2025 IN FAST/34345/2025 WITH CIVIL APPLICATION NO. 9698 OF 2026 IN FAST/34345/2025 WITH CIVIL APPLICATION NO. 13432 OF 2025 IN FAST/34345/2025 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIVISION, OMERGA, DIST. OSMANABAD VERSUS MOHAN KRISHNAJI GAIKWAD AND OTHERS ... Advocate for Applicant : Mr. Kulkarni Snehal Prashant Advocate for Respondent no. 1 : Mr. Shinde Manoj Dharmaraj AGP for Respondent/s – State : Ms. Preeti Diggikar … CORAM : MANJUSHA DESHPANDE, J. DATE : 03rd SEPTEMBER, 2026 PER COURT : Stay Application : 1. Learned Advocate appearing for the Appellant / acquiring body submits that the amount as directed by this Court while granting stay has been deposited by the acquiring body. 2 1071.odt 2. In view of the deposit of amount, the Civil Application for stay is allowed. 3. The stay shall continue to operate during the pendency of the First Appeal. 4. Civil Application for stay stands disposed of. CA for withdrawal of amount : 5. The Claimant has filed the Civil Application for withdrawal of amount. 6. The amount is deposited on 25.08.2026. In view of the entire amount being deposited by the acquiring body, the Claimants are allowed to withdraw 50% of the amount with accrued interest upon furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% is allowed to withdraw upon solvent surety being furnished by the Claimants to the satisfaction of the Registrar (Judicial). Rest of the 25% amount shall be invested in any nationalized bank. 7. In view of the aforementioned, directions Civil Application for withdrawal of amount stands disposed of. 3 1071.odt Delay Application : 8. There is a delay of 3927 days in filing the Appeal by the acquiring body. 9. In view of the explanation given by the acquiring body, the delay is condoned and Civil Application for delay stands disposed of. ( MANJUSHA DESHPANDE, J. ) SPC