The Executive Engineer,Irrigation Project Strengthening Division Omerga v. Laxmibai Shivram Kanade and Ors.
Case brief
What is this about?
Aurangabad bench order dated 22.12.2025 by Shailesh P. Brahme, J. on Civil Applications 14062/2025 and 581/2025 in FA/2498/2025 (Laxmibai Shivram Kanade v. Executive Engineer): partial release of Rs.34,62,268 deposited by the acquiring body - 75% with accrued interest on undertaking, balance on solvent surety/security before Registrar (Judicial); liberty for partial satisfaction of execution decree and future execution for balance; first appeal admitted; ad-interim relief/stay confirmed on full deposit; follows common order of Co-ordinate Bench dated 14.07.2023.
What did the court decide?
Applicant permitted to receive 75% of the deposited amount of Rs.34,62,268 with accrued interest on furnishing an undertaking, and the balance on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial); decree holder/claimant free to withdraw the execution petition for partial satisfaction and to file execution for the remaining amount in future; ad-interim relief confirmed; First Appeal FA/2498/2025 admitted.