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2026 DAILYLAW 10221 (BOM)

THE CITY AND INDUSTRIAL CORPORATION THROUGH ITS ADMINISTRATOR, CIDCO, AURANGABAD v. ABDUL RAZZAK MOHAMMAD YASIN QUADRI AND OTHERS

CA/6484/2026 · 2026-09-10

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Judgment text

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1 958-CA-6484-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 6484 OF 2026 IN FAST/16552/2026 The City And Industrial Corporation Through Its Administrator, Cidco, Aurangabad VERSUS Abdul Razzak Mohammad Yasin Quadri And Others WITH CIVIL APPLICATION NO. 6485 OF 2026 IN FAST/16552/2026 The City And Industrial Corporation Through Its Administrator, Cidco, Aurangabad VERSUS Abdul Razzak Mohammad Yasin Quadri And Others ... Mr.Shambhuraje V. Deshmukh for the Applicant. Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State. Mr.Anand Bhandari for Respondent Nos.1 and 3. …. CORAM : MANJUSHA DESHPANDE, J. DATE : 10.09.2026 PER COURT : CIVIL APPLICATION NO. 6484 OF 2026 1. This Civil Application for condonation of delay in filing the First Appeal is filed by the Acquiring Body. There is a delay of 58 days in filing the Appeal. 2. It is submitted that the delay in filing the Appeal has occurred on account of the administrative process required to be undertaken by the Acquiring Body prior to filing the Appeal. Therefore, the same deserves to be condoned. Sunny Thote 2026:BHC-AUG:42568 2 958-CA-6484-2026.odt 3. The prayer made in the Application is opposed by the learned Advocate for the Claimant as well as the learned AGP. 4. In view of the explanation given by the Applicant, the delay caused in filing the Appeal is condoned. The Civil Application is allowed in terms of prayer clause [B]. CIVIL APPLICATION NO. 6485 OF 2026 5. The learned Advocate for the Applicant seeks leave to amend the Civil Application for stay by incorporating the prayer clauses which could not be added inadvertently. Leave is granted. Necessary amendment shall be carried out forthwith. 6. The Appellant has filed the present Application seeking stay to the execution and implementation of the Judgment and Award passed by the learned Civil Judge, Senior Division, Aurangabad, in L.A.R. No. 160 of 2019 dated 31st January, 2026. 7. The learned Advocate for the Applicant submits that the Applicant is ready to deposit 75% of the amount awarded under the Award. He, therefore, submits that this Court may stay the execution and implementation of the said Award. 8. The learned Advocate for the Applicant further submits that the Reference Court has failed to take into consideration the fact that the sale instance relied upon by the Reference Court pertains to agricultural Sunny Thote 3 958-CA-6484-2026.odt land and that the necessary deduction towards development charges has not been considered in the present matter. He, therefore, submits that the execution and implementation of the Award deserves to be stayed. 9. In view of the aforementioned grounds, the learned Advocate for the Applicant submits that the Applicant is ready to deposit 75% of the amount, along with accrued interest, as awarded by the Reference Court. 10. The aforesaid submissions are opposed by the learned Advocate appearing for the claimants as well as the learned AGP. Considering the grounds raised in the Appeal, it is submitted that the Appellant may be directed to deposit 75% of the amount awarded by the Reference Court. 11. The execution and implementation of the Judgment and Award passed by the Reference Court is stayed, subject to the condition that the Appellant deposits 75% of the amount awarded under the Award, along with accrued interest, within a period of twelve weeks. [ MANJUSHA DESHPANDE, J. ] Sunny Thote