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2026 DAILYLAW 9290 (BOM)

The Executive Engineer, Medium Project, Osmanabad and Others v. Ravindra Chandanna Koli (Died) T/h L.Rs. Ranjana Ravindra Koli and Others

CA/714/2026 · 2026-09-11

body2026

Judgment text

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922 CA 6204 26+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 6204 OF 2026 IN FAST/1850/2026 WITH CIVIL APPLICATION NO. 714 OF 2026 IN FAST/1862/2026 WITH CIVIL APPLICATION NO. 712 OF 2026 IN FAST/1850/2026 WITH CIVIL APPLICATION NO. 6205 OF 2026 IN FAST/1862/2026 WITH CIVIL APPLICATION NO. 711 OF 2026 IN FAST/1850/2026 WITH CIVIL APPLICATION NO. 713 OF 2026 IN FAST/1862/2026 MARUTI AMBADAS DHUMAL DIED LRS MANGAL MARUTI DHUMAL AND OTHERS VERSUS THE EXECUTIVE ENGINEER MEDIUM PROJECT OSMANABAD DIST OSMANABAD ... Advocate for Applicants/Claimants : Mr. Ambade Pradeep Vilasrao Advocate for Respondent No. 1/Acquiring Body : Mrs. Sunita D. Shelke A.G.P. for Respondent nos. 2 & 3/State : Mr. Kishor S. Hoke-Patil ... CORAM : SMT. MANJUSHA AJAY DESHPANDE, J. DATE : 11.09.2026 PER COURT : CIVIL APPLICATION NOS. 6204/2026 & 6205/2026 FOR WITHDRAWAL OF AMOUNT: 1. These are the applications filed by the claimants for withdrawal of amount deposited by the Acquiring Body. Pursuant to the order passed by 1/3 2026:BHC-AUG:42445 922 CA 6204 26+.odt this Court on 23.01.2026, the amount is deposited on 15.04.2026 in both appeals. The learned advocate for the applicants relying on the order passed by this Court in the group of First Appeals, led by First Appeal Stamp No. 2381/2026 with connected matters submits that in the connected appeals that are arising out of the same notification and award, this Court has permitted withdrawal of 75% of the compensation deposited by the Acquiring Body subject to condition that the applicants file an undertaking to the satisfaction of the Registrar (Judicial) of this Court that he will redeposit the amount in case adverse order is passed. He submits that a similar order may be passed in the present applications. A copy of the order passed in First Appeal (Stamp) No. 2381 of 2026 is placed on record. The said submission is not disputed by the learned Advocate appearing for the Acquiring Body. 2. In view thereof, the applications for withdrawal of amount are allowed on condition that the applicants shall be permitted to withdraw 75% of the deposited amount with accrued interest thereon, on condition that the applicants shall file undertaking to the satisfaction of the Registrar (Judicial) of this Court that they shall redeposit the amount in case adverse order is passed against them. 3. The Civil Applications are disposed of. CIVIL APPLICATIONS FOR CONDONATION OF DELAY : 4. These are the applications filed by the Acquiring Body for condonation of delay of 761 days caused in filing first appeals. 5. For the reasons stated in the application, the delay of 761 days caused in filing first appeals is condoned. 6. Civil Applications are disposed of. First Appeals be registered. 2/3 922 CA 6204 26+.odt CIVIL APPLICATIONS FOR STAY : 7. Since the entire amount of compensation has been deposited by the Acquiring Body, ad interim stay granted earlier, shall stand confirmed. 8. Civil Applications are disposed of. ( SMT. MANJUSHA AJAY DESHPANDE, J.) mkd/- 3/3