The Executive Engineer Osmanabad Minor Irrigation Division v. Gorakh Vithal Kawade Died through L Rs Vijay Shriram Kawade and Others
Case brief
What is this about?
Withdrawal of deposited acquisition compensation Rs. 6,22,529 by legal heirs of deceased claimant Gorakh; Bombay HC Aurangabad; Shailesh P. Brahme J.; 09.12.2025; condonation of 1247-day delay by acquiring body (C.A. 3088/2023); stay confirmed on deposit (C.A. 3089/2023); First Appeal (Stamp) 7387/2023 admitted; staged release — 75% with accrued interest against undertaking, 25% against solvent surety/security; Registrar (Judicial); equal share per strip; Reference Court enhancement called exorbitant by Executive Engineer, Osmanabad Minor Irrigation Division; conditional withdrawal course in similarly situated matters followed.
What did the court decide?
Composite disposal: (i) C.A. No. 3088 of 2023 — delay of 1247 days condoned; (ii) C.A. No. 3089 of 2023 — disposed of, earlier stay confirmed on the acquiring body's deposit; (iii) First Appeal (Stamp) No. 7387 of 2023 — admitted, service waived, Record & Proceedings called for, printing dispensed with; (iv) C.A. Nos. 10816, 3159 & 3160 of 2025 — allowed: each legal heir of Gorakh to receive 75% of the deposited amount (Rs. 6,22,529) with accrued interest on furnishing an undertaking, and the balance 25% on furnishing solvent surety/security, to the satisfaction of the learned Registrar (Judicial), as per equal share, per strip.