Executive Engineer, Medium Project, Nagpur v. Ramkisan S/O. Rajeram Deshmukh (Dead), Thr. Lrs. Madhukar R. Deshmukh and Others
Case brief
What is this about?
Condonation of 389-day delay in filing first appeal (First Appeal Stamp No. 2230 of 2016) by acquiring authority Executive Engineer, Medium Project, Nagpur against Reference Court judgment and decree dated 04/02/2014; stay of execution granted on deposit of entire decreetal amount with accrued interest; release of 80% of deposited compensation to claimant agriculturists/legal heirs against undertaking to redeposit with interest if appeal allowed; balance in Fixed Deposit; withdrawal through power of attorney holder; death of respondent during pendency with heirs already on record; comparable earlier order in First Appeal Stamp No. 24970 of 2015 permitting 80% withdrawal; CAF Nos. 2563/2023, 2564/2023 and 3770/2025 disposed; High Court of Bombay, Nagpur Bench, Pravin S. Patil, J., 15/10/2025.
What did the court decide?
Delay of 389 days in filing the first appeal condoned; stay of execution of the judgment and decree dated 04/02/2014 granted pending appeal; claimants permitted to withdraw 80% of the amount deposited before the Reference Court (balance in Fixed Deposit) subject to an undertaking to redeposit the withdrawn amount with interest if the appeal is allowed; withdrawal permitted through the Power of Attorney holder; appeal directed to be registered and listed before the appropriate bench.