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2026 DAILYLAW 7535 (BOM)

The Executive Engineer, Irrigation Project Strengthening Division, at Omerga, Dist. Osmanabad and O v. Dagdu Tukaram Suryawanshi (Died) T/h L.Rs. Kondabai and Others

CA/726/2026 · 2026-09-04

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Judgment text

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1 926-CA-10151-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 10151 OF 2026 IN FAST/1809/2026 Dagdu Tukaram Suryawanshi Died Through Lr Kondabai Dagdu Suryawanshi VERSUS The State Of Maharashtra Through Collector And Others WITH CIVIL APPLICATION NO. 9455 OF 2026 IN FAST/1806/2026 Meheboob Madarsaheb Attar VERSUS The State Of Maharashtra Through Collector And Others WITH CIVIL APPLICATION NO. 7666 OF 2026 IN FAST/1812/2026 Kondabai Dagdu Suryawanshi VERSUS The State Of Maharashtra Through Collector And Others WITH CIVIL APPLICATION NO. 723 OF 2026 IN FAST/1806/2026 The Executive Engineer, Irrigation Project Strengthening Division, At Omerga, Dist. Osmanabad And O VERSUS Maheboob Madarsaheb WITH CIVIL APPLICATION NO. 725 OF 2026 IN FAST/1809/2026 The Executive Engineer, Irrigation Project Strengthening Division, At Omerga, Dist. Osmanabad And Ors. VERSUS Sunny Thote 2026:BHC-AUG:41494 2 926-CA-10151-2026.odt Dagdu Tukaram Suryawanshi (died) T/h L.rs. Kondabai And Others WITH CIVIL APPLICATION NO. 727 OF 2026 IN FAST/1812/2026 The Executive Engineer, Irrigation Project Strengthening Division, At Omerga, Dist. Osmanabad And Ors. VERSUS Kondabai Dagdu Suryawanshi WITH CIVIL APPLICATION NO. 724 OF 2026 IN FAST/1806/2026 The Executive Engineer, Irrigation Project Strengthening Division, At Omerga, Dist. Osmanabad And O VERSUS Maheboob Madarsaheb WITH CIVIL APPLICATION NO. 728 OF 2026 IN FAST/1812/2026 The Executive Engineer, Irrigation Project Strengthening Division, At Omerga, Dist. Osmanabad And O VERSUS Kondabai Dagdu Suryawanshi WITH CIVIL APPLICATION NO. 726 OF 2026 IN FAST/1809/2026 The Executive Engineer, Irrigation Project Strengthening Division, At Omerga, Dist. Osmanabad And O VERSUS Dagdu Tukaram Suryawanshi (died) T/h L.rs. Kondabai And Others … Mr.Shashikiran N. Patil for the Applicants in CA/10151/2026. Ms.Sunita Dashrathrao Shelke for the Applicants in CA/723/2026. Mr.Kishor Hoke Patil, AGP for the Respondent/State. …. Sunny Thote 3 926-CA-10151-2026.odt CORAM : MANJUSHA DESHPANDE, J. DATE : 04.09.2026 PER COURT : WITHDRAWAL OF AMOUNT 1. These Civil Applications have been filed by the Applicants/original claimants seeking permission to withdraw the entire amount deposited by the Acquiring Body pursuant to the directions issued by this Court. 2. Learned Advocate for the Applicants places reliance upon the order passed by this Court on 17th April, 2026 in Civil Application No.4487 of 2026 filed by the claimants arising out of the same notification, whereby this Court permitted withdrawal of 80% of the amount, along with accrued interest thereon, upon furnishing an undertaking. 3. In view of the aforesaid order passed in similarly situated matters, a similar order is warranted in the present Civil Applications. Accordingly, these Civil Applications are allowed. 4. Accordingly, the Applicants are permitted to withdraw 80% of the aforesaid amount, along with the accrued interest, upon furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5. These Civil Applications accordingly stand disposed off. Sunny Thote 4 926-CA-10151-2026.odt CONDONATION OF DELAY AND STAY 6. These Civil Applications have been filed by the Applicants seeking condonation of delay in filing the First Appeal by the Acquiring Body. 7. The learned Advocate for the Applicants submits that the delay has been satisfactorily explained in the Applications. Upon considering the explanation furnished by the Applicants and the reasons stated therein, I am satisfied that sufficient cause has been made out for condoning the delay. 8. Hence, the delay in filing the First Appeals are condoned, subject to the Applicants filing an undertaking before the Registrar (Judicial) of this Court, that the Applicants shall not claim any statutory benefits and interest for the delayed period, within a period of three weeks. 9. In view of the deposit of the entire amount, the ad-interim relief granted by this Court is confirmed and shall continue to operate during the pendency of the Appeal. 10. These Civil Applications stand disposed of accordingly. [ MANJUSHA DESHPANDE, J. ] Sunny Thote