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2026 DAILYLAW 4096 (BOM)

SURESH ARJUN WAGH. v. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR.

CA/9150/2026 · 2026-08-14

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Judgment text

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953-CA-9147-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9147 OF 2026 IN FIRST APPEAL NO. 1263 OF 2025 Bhavgir Uttamgir Gosavi ..APPLICANT VERSUS The Executive Engineer, Minor Irrigation Division, Jalgaon and Another ..RESPONDENTS WITH CIVIL APPLICATION NO. 9148 OF 2026 IN FIRST APPEAL NO. 1259 OF 2025 Arjun Bhagwan Patil ..APPLICANT VERSUS The Executive Engineer, Minor Irrigation Division, Jalgaon and Another ..RESPONDENTS WITH CIVIL APPLICATION NO. 9149 OF 2026 IN FIRST APPEAL NO. 1262 OF 2025 Sunil Hari Sonawane ..APPLICANT VERSUS The Executive Engineer, Minor Irrigation Division, Jalgaon and Another ..RESPONDENTS WITH CIVIL APPLICATION NO. 9150 OF 2026 IN FIRST APPEAL NO. 1261 OF 2025 Suresh Arjun Wagh ..APPLICANT VERSUS The Executive Engineer, Minor Irrigation Division, Jalgaon and Another ..RESPONDENTS 1 / 3 2026:BHC-AUG:37087 953-CA-9147-26.odt .... Mr. V.B. Patil, Advocate for applicant Mr. B.L. Patil, Advocate h/f Mr. A.D. Pawar, Advocate for Respondent No.1 Ms. V.S. Charudhari, A.G.P. for State .... CORAM : MANJUSHA A. DESHPANDE, J. DATE : 14th AUGUST, 2026 PER COURT : 1. These applications have been filed by the applicants – claimants with the prayer of vacating interim relief granted by this Court vide common order dated 02nd December, 2020. 2. It is submitted by learned counsel for the Applicant that Respondent No.1 – acquiring body has obtained stay from this Court vide order dated 02nd December, 2020 subject to depositing 50% of the amount awarded by the reference Court. According to him, the acquiring body has not disclosed to this Court that in connected matters, this Court had granted stay on the condition of depositing entire amount of award. Inspite of granting stay, the acquiring body has failed to deposit the said amount within stipulated period. However, subsequent thereto, the said amount has been deposited, but the fact remains that in the other connected matters, the acquiring body has deposited 100% amount. Therefore, the applicant has come with a prayer seeking direction to the respondent – acquiring body as recorded hereinabove. 2 / 3 953-CA-9147-26.odt 3. Learned counsel for the Applicants has drawn my attention to the order dated 03rd July, 2026 passed by this Court in connected Civil Application No. 7839 of 2020, where similar prayer made by the acquiring body has been allowed by this Court. 4. In view of order passed by this Court in connected application, in my view, same relief needs to be extended to the present Applicants as well. Learned counsel for the Respondent No.2 – acquiring body does not dispute about this position. Hence, I pass following order :- Respondent No.1 – acquiring body shall deposit the residuary 25% of the award amount alongwith interest accrued thereon within a period of eight weeks from today in this Court. Needless to state that non deposit of the aforementioned amount shall result in automatic vacation of interim relief granted by this Court. 5. In view of above, the civil applications stand disposed of. ( MANJUSHA A. DESHPANDE, J. ) SSD 3 / 3