34-CA.4919.2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4919 OF 2023 IN FAST/11706/2023 The Executive Engineer, Medium Project Division, Osmanabad vs. Prabhu Nana Ingale ---- Mr.S.P.Sonpawale, Advocate for applicant Mr.P.B.Rakhunde, Advocate for respondent ---- AND CIVIL APPLICATION NO. 10958 OF 2026 IN FAST/11706/2023 AND CIVIL APPLICATION NO.11206 OF 2026 IN FIRST APPEAL [ST] NO.11706 OF 2023 Prabhu Nana Ingale Died Thr Lrs Anjana Prabhu Ingale VERSUS The State Of Maharashtra Thr Collector Osmanabad …. CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 24, 2026 ORDER :- In C.A. No.4919 of 2023 At the outset, learned advocate for the applicant submits that during pendency of this proceedings, the sole claimant – Prabhu is learnt to be no more. He has list of the legal representatives of deceased Prabhu. He seeks amendment in the title clause. 2026:BHC-AUG:44205 2 34-CA.4919 2. Leave to amend the title clause is granted. Amendment be carried out forthwith. 3. This Civil Application is filed for condonation of delay caused in filing the First Appeal. There is delay of 2613 days. The reasons are descriptively rendered in the application. It is submitted that the delay has arisen on account of administrative exigency. There is no lethargy or deliberate attempt to cause delay. It is submitted that the applicant/appellant has good grounds on merit to challenge the impugned judgment and award. Reliance is placed on the judgment and order passed by Hon’ble Court in the case of Sheo Raj Singh (Deceased through LRs.) & Ors. V/s Union of India and ors. [Civil Appeal No.5867 of 2015 dtd.09-10-2023]. It is submitted that the acquiring body has deposited the entire award amount in this court with accrued interest to show bona fide. 4. Learned advocate for the respondent/claimant would fairly agrees for condonation of delay. 5. In view of the above, the Civil Application stands allowed. Delay caused in filing the First Appeal stands condoned. Appeal be registered. 3 34-CA.4919 C.A. No.4920 of 2024 (for stay):- 6. At the outset, learned advocate for the applicants submits that during pendency of this proceedings, the sole claimant – Prabhu is learnt to be no more. He has list of the legal representatives of deceased Prabhu. He seeks amendment in the title clause. 7. Leave to amend the title clause is granted. Amendment be carried out forthwith. 8. Mr.Sonpavale, learned advocate for the applicants submits that pursuant to the order of this court, the entire amount under the impugned award is deposited with this court with together with accrued interest. 9. In view of the above, the stay granted earlier is made absolute. The application stands allowed. C.A. NO.10958 OF 2026 (for withdrawal of amount):- 10. This application is filed by the legal representatives of original sole claimant – Prabhu Nana Ingle for withdrawal of the amount deposited by the acquiring body in this court. 4 34-CA.4919 11. It is not in dispute that the sole source of livelihood of the applicants has been acquired by the acquiring body under compulsory acquisition. After assessing the evidence, the reference court has determined the amount of compensation. Although there is challenge to the findings rendered by the reference court, the applicants are certainly entitled for some portion of the award amount deposited by the acquiring body in this court. 12. Hence, the application is partly allowed. The applicants are permitted to withdraw 50% of the deposited amount, on furnishing an undertaking to the satisfaction of learned Registrar (Judicial) of this Court. The applicants are also permitted to withdraw further 25% of the amount deposited by the acquring body on furnishing solvent security to the satisfaction of learned Registrar (Judicial). Balance amount be kept in fixed deposit in nationalised bank. C.A. No.11206 of 2026 (for bringing L.Rs.) :- 13. This application is filed for amendment in the title clause of the First Appeal by incorporating the names of the applicant nos. 1-A and 1-B as legal representatives of sole respondent in the First Appeal. 5 34-CA.4919 14. For the reasons stated in the application, the same is allowed. Delay stands condoned. Abatement, if any, stands set aside. The applicant/appellant to amend the title clause of the First Appeal and the applications therein within two weeks from today online. Suffice it to note, the names of the legal representatives in have been furnished in hard copies in the court itself. The same is taken on record. [AJIT B. KADETHANKAR, J.] ……….. KBP