1 942-CA-7818-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 7818 OF 2025 IN FAST/19075/2025 The Executive Engineer, Osmanabad Medium Project Division At Osmanabad (dharshiv) And Ors VERSUS Maruti S/obapu Devkar Sice Deceased Her Lrs Smtsitabai W/0 Maruti Devkar WITH CIVIL APPLICATION NO. 7819 OF 2025 IN FAST/19072/2025 The Executive Engineer, Osmanabad Medium Project Division At Osmanabad (dharshiv) And Ors VERSUS Subhash S/o Dattatraya Devkar And Anr WITH CIVIL APPLICATION NO. 7820 OF 2025 IN FAST/19072/2025 The Executive Engineer, Osmanabad Medium Project Division At Osmanabad (dharshiv) And Ors VERSUS Subhash S/o Dattatraya Devkar And Anr WITH CIVIL APPLICATION NO. 9084 OF 2026 IN FAST/19075/2025 Maroti Bapu Devkar Died Through Legal Heirs VERSUS The Stae Of Maharashtra WITH CIVIL APPLICATION NO. 7817 OF 2025 IN FAST/19075/2025 The Executive Engineer, Osmanabad Medium Project Division At Sunny Thote 2026:BHC-AUG:42590 2 942-CA-7818-2025.odt Osmanabad (dharshiv) And Ors VERSUS Maruti S/obapu Devkar Sice Deceased Her Lrs Smtsitabai W/0 Maruti Devkar ... Adv.G.K. Sontakke for the Applicants in CA/9084/2026. Mr.Madhav Kalyane h/f Mr.Gulab Balbhim Rajale for the Applicants in CA7819/2025 and CA/7817/2025. Ms.Meenakshi Sangeet, AGP for the Respondent/State. …. CORAM : MANJUSHA DESHPANDE, J. DATE : 10.09.2026 PER COURT : 1. Although the office remark indicates that the Appellant/Acquiring Body has not taken steps in respect of one of the deceased Claimants, the learned Advocate for the Acquiring Body submits that necessary steps have already been taken for bringing the legal heirs of the deceased Claimant on record. The said submission is also supported by the learned Advocate appearing for the Claimants. 2. The learned Advocate for the Acquiring Body is permitted to take necessary steps for bringing the legal heirs of the deceased Claimant on record by filing a pursis through e-filing. CIVIL APPLICATION NO. 9084 OF 2026 3. Heard the learned Advocates for the parties. 4. The present Application is filed by the Claimants seeking withdrawal of the amount deposited pursuant to the Judgment and Award. This Court, vide order dated 29th July, 2025, had granted interim Sunny Thote 3 942-CA-7818-2025.odt relief, subject to the condition that the Applicants deposit the entire amount of compensation under the Award alongwith accrued interest, before this Court within a period of twelve weeks. The Acquiring Body has accordingly deposited the amount under the Award. Hence, the present Application has been filed by the Claimants seeking withdrawal of the said amount. 5. The learned Advocate for the Applicants has relied upon the orders passed by this Court in the Civil Applications filed by the Claimants in the companion First Appeals arising out of the same Judgment and Award, whereby this Court has granted the Claimants to withdraw 80% of the amount deposited alongwith accrued interest. It is, therefore, submitted that a similar order may be passed in favour of the present Applicants. 6. Considering the orders passed by this Court in the companion First Appeals arising out of the same Judgment and Award, the Applicants shall be entitled to withdraw 80% of the amount deposited by the Acquiring Body alongwith accrued interest in equal proportion, upon furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. 7. The balance amount shall be invested in any Nationalized Bank 8. In view thereof, Civil Application for withdrawal of amount is allowed and accordingly disposed off. Sunny Thote 4 942-CA-7818-2025.odt CIVIL APPLICATION NO. 7819 OF 2025 9. In view of the withdrawal of the amount by the Claimants, the Civil Application seeking condonation of delay is taken up for hearing. There is a delay of 3845 days in filing the First Appeal by the Acquiring Body. The learned Advocate for the Claimants as well as the learned AGP oppose the Application for condonation of delay. 10. Having regard to the explanation furnished by the Acquiring Body for the delay and considering the facts and circumstances of the case, the Civil Application for condonation of delay is allowed. The delay of 3845 days in filing the First Appeal is hereby condoned. CIVIL APPLICATION NO. 7817 OF 2025 11. There is a delay of 3845 days in filing the present First Appeal by the Claimants. The said delay has been explained by the Applicants in the Application. According to the Applicants, they were not aware of the procedure required to be followed for filing the Appeal and, consequently, the Appeal could not be filed within the prescribed period. 12. Considering the statutory right of the Claimants to receive compensation in respect of their acquired land and the explanation offered for the delay in filing the Appeal, the delay deserves to be condoned, subject to the Claimants furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court that they shall not claim any statutory benefits or interest for the period of delay. Sunny Thote 5 942-CA-7818-2025.odt 13. Accordingly, the Civil Application is allowed and stands disposed of. [ MANJUSHA DESHPANDE, J. ] Sunny Thote