The Executive Engineer, Minor Irrigation Division, Latur and Ors. v. Shrihari Tulsiram Phad
Case brief
What is this about?
Delay condonation; condonation of delay 4672 days; 186 days; 543 days; setting aside abatement; legal representatives brought on record; LRS; deceased appellant; withdrawal of amount deposited by Acquiring Body; accrued interest; undertaking to Registrar (Judicial); 50% amount deposited; 12 weeks time to deposit; land acquisition; Executive Engineer Latur Minor Irrigation Division; acquiring body; Bombay High Court Aurangabad Bench; FA(ST) 2024; Civil Applications 2026; Shailesh P. Brahme J; 2026:BHC-AUG:19599; Vyankat Dagdoba Digole; Babu Govind Kendre; Prabhu Govind Kendre; Chand Ali Sayyad Ali; Bhagwan Tulsiram Phad; Laxman Raosaheb Phad; Prasad Manohar Phad; Prakash Ramrao Phad; Shrihari Tulsiram Phad.
What did the court decide?
Delay condoned and abatement set aside with leave to amend for the LRs of deceased appellants Prabhu and Babu Kendre; Acquiring Body's delay (from 543 days) condoned; applicants permitted to withdraw the amounts deposited by the Acquiring Body with accrued interest on furnishing undertaking to the Registrar (Judicial); Acquiring Body granted time of 12 weeks to deposit the amount.