1 933-ca-10787-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10787 OF 2026 IN FA/2884/2021 Santosh Gajmal Patil And Anr. VERSUS The Ex. Engineer, Minor Irrigation Division, Jalgaon And Anr. ... Mr. B. S. Chondhekar, Advocate for Applicants Mr. K. B. Jadhavar, AGP for Respondent-State Mr. Pratik Borge h/f Mr. A. D. Pawar, Advocate for Respondent No.1 ... WITH CIVIL APPLICATION NO. 10789 OF 2026IN FA/2884/2021 WITH CIVIL APPLICATION NO. 2784 OF 2020 IN FA/2884/2021 WITH CIVIL APPLICATION NO. 10788 OF 2026IN FA/2884/2021 WITH CIVIL APPLICATION NO. 9575 OF 2026IN FA/2884/2021 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 16TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 10788 OF 2026 . For the reasons stated in the application, the same stands allowed in terms of prayer clause “B”. 2. Delay caused in bringing the legal representatives of deceased Bhagabai Gajmal Patil on record stands condoned. 2026:BHC-AUG:42872 2 933-ca-10787-2026 CIVIL APPLICATION NO. 10787 OF 2026 . In the First Appeal filed by the Acquiring Body, present Civil Application is filed by the original respondent no.1. It is contended that during pendency of the appeal, the original respondent no.2 Bhagabai Patil is expired. That, the applicant no.1/original respondent no.1 Santosh Patil is sole legal representative of deceased Bhagabai Patil. With this submission, a prayer is made to direct the appellant to amend the title clause of the appeal and the applications therein. 2. For the reasons stated in the application, the application stands allowed. The appellant to amend the title clause of the First Appeal and applications therein forthwith. CIVIL APPLICATION NO. 10789 OF 2026 . Feeling aggrieved by the judgment and award dated 14.05.2018 passed by learned Civil Judge Senior Division, Jalgaon in Land Acquisition Reference No.404 of 2009, the Acquiring Body has filed the First Appeal. 2. While seeking stay to the execution and operation of the impugned judgment and award, the Acquiring Body seems to have been convinced this Court that the award was excess 3 933-ca-10787-2026 atleast by 25%. In view of this, this Court granted stay to the execution and operation of the impugned judgment and award imposing rider on the Acquiring Body to deposit 75% of the awarded compensation. Accordingly, 75% of the payable award amount is deposited by the Acquiring Body in this Court. 3. Now, this Civil Application is filed by the claimant to permit him to withdraw the amount deposited by the Acquiring Body in this Court. It is an admitted fact that claimant is the land looser whose sole source of livelihood has been acquired by the Acquiring Body under compulsory acquisition. It cannot be disputed that he is entitled for compensation against the acquisition. The only dispute could be as regards to the quantum of compensation. I find that considering the rider imposed by this Court to deposit only 75% amount, I am of the view that the interest of the Acquiring Body is already well protected by this Court. In view of this, I find that the application could be allowed in following terms in the interest of justice. Hence, following order: 4 933-ca-10787-2026 ORDER a. Civil Application stands allowed. b. Applicant/claimant is permitted to withdraw entire amount deposited by the Acquiring Body in this Court by furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. c. Needless to mention, the withdrawal shall carry interest accrued on the said amount. d. Civil Application stands disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026