1 1014.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6171 OF 2026 IN FAST/12800/2026 WITH CIVIL APPLICATION NO. 6172 OF 2026 IN FAST/12800/2026 THE EXECUTIVE ENGINEER, UPPER PENGANGA PROJECT NO. 5, NANDED VERSUS KONDBARAO MADHAVRAO KADAM AND OTHERS ... Advocate for Applicant : Mr. Ram B. Deshpande AGP for Respondent Nos. 2 & 3 : Ms. D.S. Jape … CORAM : MANJUSHA DESHPANDE, J. DATE : 08TH OCTOBER, 2026 PER COURT : Application for condonation of delay : 1. This Civil Application is filed for condonation of delay of 1359 days in filling the First Appeal. 2. After issuance of notice, Respondent no. 1 is served. None appears for Respondent no. 1. 3. In view of the explanation of delay given in the Civil Application which is satisfactory, the delay of 1359 days is condoned. Civil Application stands disposed of. 4. First Appeal be registered. 2 1014.odt Order in First Appeal : 5. Issue notice for final disposal to the Respondents, returnable on 24.12.2026. Learned AGP waives notice for Respondent nos. 2 and 3. Application for stay : 6. Learned Advocate appearing for the acquiring body submits that ad-interim stay may be granted to the Appellant, since the Appellant is ready to deposit the entire amount under the award except the amount i.e. interest under Section 28 of the Land Acquisition Act, i.e. awarded to the Claimants from the ate of possession till the date of award. 7. In the wake of the statement made by the learned Advocate for the Appellant, the judgment and award passed by the reference Court in LAR no. 44/2025, the execution and implementation of the judgment and award shall stand stayed subject to deposit of the aforementioned amount i.e. the entire amount except the interest under Section 28 of the Land Acquisition Officer within a period of ten weeks. ( MANJUSHA DESHPANDE, J. ) SPC