The Executive Engineer and Ors. vs Bajirao Gangaram Phad — Bombay HC (2026) — LawSathi Research

The Executive Engineer and Ors. vs Bajirao Gangaram Phad — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay condoned and abatement set aside with leave to amend to bring the LRs of deceased appellants on record (CAs 4892/2026 and 4893/2026); delay of the Acquiring Body in its appeals condoned; claimant-applicants permitted to withdraw the deposited amounts with accrued interest on furnishing undertaking to the Registrar (Judicial); 12 weeks' time granted to the Acquiring Body to deposit the amount.

Issue for consideration

Whether the delay in preferring the appeals (4672 days in CA 4892/2026 and 186 days in CA 4893/2026) should be condoned, the abatement set aside, and the legal representatives of the deceased appellants brought on record; and whether the Acquiring Body's delay of approximately 543 days and upwards in preferring its appeals should be condoned. +1 more

Court's answer

In CAs 4892/2026 and 4893/2026 the delay (4672 days and 186 days) is condoned, the abatement is set aside, and leave is granted to the parties to carry out amendment to bring the LRs of deceased appellants Prabhu and Babu Govind Kendre on record; the cause of action survives against the heirs, no mala fides are noticed, and the civil applications are disposed of.

Ratio / Principle

The delay of the Acquiring Body in preferring its appeals is condoned because the averments of the applications have not been controverted and no oblique motive is inferred; those civil applications are disposed of.

Key takeaways

Ends of justice would be met by allowing the applicants to receive the amount deposited in this Court with accrued interest, both parties having stated that only 50% of the amount is deposited.ratio¶125
The applicants are permitted to withdraw the amounts deposited by the Acquiring Body, respectively, with accrued interest, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court; the withdrawal civil applications are allowed partly.ratio¶127
Time of 12 weeks is granted to the Acquiring Body to deposit the amount.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Shailesh P. Brahme, J., 24 April 2026 (2026:BHC-AUG:19600) — batch of civil applications in pending First Appeals (FA(ST)/24833, 24836, 24840, 24844, 24847, 24850, 24853, 24856, 25376, 25388 of 2024) arising from acquisition proceedings against the Executive Engineer, Minor Irrigation Division, Latur: (i) delay of 4672 days (CA 4892/2026) and 186 days (CA 4893/2026) in preferring the appeals condoned, abatement set aside, and LRs of deceased appellants Prabhu and Babu Govind Kendre brought on record with leave to amend, the cause of action surviving against the heirs and no mala fides being noticed; (ii) the Acquiring Body's delay (ranging from 543 days) condoned as its averments stood uncontroverted and without oblique motive; (iii) claimant-applicants permitted to withdraw the amounts deposited (stated to be only 50%) with accrued interest on furnishing undertaking to the Registrar (Judicial); (iv) 12 weeks granted to the Acquiring Body to deposit. No statute or precedent cited; no quantum stated.

2026:BHC-AUG:19600

1 974

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

974 CIVIL APPLICATION NO. 4889 OF 2026 IN FAST/24850/2024

VYANKAT SO DAGDOBA DIGOLE

VERSUS

THE EXECUTIVE ENGINEER, (LATUR MINOR IRRIGATION), DIVISION, LATUR.

WITH

CIVIL APPLICATION NO. 4935 OF 2026 IN FA(ST)/24844/2024 BABU S/O GOVIND KENDRE THROUGH LRS

VERSUS

THE EXECUTIVE ENGINEER (LATUR MINOR IRRIGATION) DIVISION, LATUR AND OTHERS

WITH

CIVIL APPLICATION NO. 4936 OF 2026 IN FA(ST)/24836/2024

PRABHU S/O GOVIND KENDRE THROUGH LRS

VERSUS

THE EXECUTIVE ENGINEER (LATUR MINOR IRRIGATION) DIVISION, LATUR AND OTHERS

WITH

CIVIL APPLICATION NO. 4897 OF 2026 IN FAST/25376/2024

CHAND ALI SO SAYYAD ALI

VERSUS

THE EXECUTIVE ENGINEER(LATUR MINOR IRRIGATION) DIVISION, LATUR AND ORS.

WITH

CIVIL APPLICATION NO. 4898 OF 2026 IN FAST/25388/2024

BHAGWAN SO TULSIRAM PHAD DIED THROUGH HIS LEGAL REPR.

LAXMAN AND ORS.

VERSUS

THE EXECUTIVE ENGINEER, (LATUR MIOR IRRIGATION), DIVISION, LATUR AND ORS.

WITH

CIVIL APPLICATION NO. 9932 OF 2024 IN FAST/24844/2024

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ORS

VERSUS

BABU GOVIND KENDRE

2 974

WITH CIVIL APPLICATION NO. 4890 OF 2026 IN FAST/24856/2024

LAXMAN SO RAOSAHEB PHAD

VERSUS

THE EXECUTIVE ENGINEER, (LATUR MINOR IRRIGATION) DIVISION, LATUR.

WITH

CIVIL APPLICATION NO. 4891 OF 2026 IN FAST/24847/2024

PRASAD SO MANOHAR PHAD

VERSUS

THE EXECUTIVE ENGINEER, (LATUR MINOR IRRIGATION) DIVISION, LATUR AND ORS.

WITH

CIVIL APPLICATION NO. 4892 OF 2026 IN FAST/24836/2024

PRABHU SO GOVIND KENDRE DIED THROUGH HIS LEGAL

REPRESENTATIVES

VERSUS

THE EXECUTIVE ENGINEER

WITH

CIVIL APPLICATION NO. 4893 OF 2026 IN FAST/24844/2024

BABU SO GOVIND KENDRE DIED THROUGH HIS LEGAL REPRESENTATIVES

VERSUS

THE EXECUTIVE ENGINEER WITH CIVIL APPLICATION NO. 4895 OF 2026 IN FAST/24853/2024

PRAKASH SO RAMRAO PHAD

VERSUS

THE EXECUTIVE ENGINEER, (LATUR MINOR IRRIGATION) LATUR AND ORS.

WITH

CIVIL APPLICATION NO. 9925 OF 2024 IN FAST/24847/2024

THE EXECUTIVE ENGINEER AND ORS

VERSUS

PRASAD MANOHAR PHAD

3 974

WITH CIVIL APPLICATION NO. 9927 OF 2024 IN FAST/24840/2024

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND

ORS

VERSUS

SHRIHARI TULSIRAM PHAD

WITH

CIVIL APPLICATION NO. 9939 OF 2024 IN FAST/24833/2024

THE EXECUTIVE ENGINEER AND ORS

VERSUS

BAJIRAO GANGARAM PHAD WITH

CIVIL APPLICATION NO. 9933 OF 2024 IN FAST/24853/2024

THE EXECUTIVE ENGINEER AND ORS

VERSUS

PRAKASH RAMRAO PHAD WITH CIVIL APPLICATION NO. 4896 OF 2026 IN FAST/24840/2024

SHRIHARI SO TULSIRAM PHAD.

VERSUS

THE EXECUTIVE ENGINEER (LATUR MINOR IRRIGATION) DIVISION,

LATUR AND ORS.

WITH

CIVIL APPLICATION NO. 9937 OF 2024 IN FAST/24850/2024

THE EXECUTIVE ENGINEER AND ORS

VERSUS

VYANKAT DAGADOBA DIGOLE

WITH

CIVIL APPLICATION NO. 10058 OF 2024 IN FAST/25388/2024

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND

ORS

VERSUS

BHAGAWAN S/O TULSIRAM PHAD (DIED) THR. LRS. LAXMAN AND ORS

4 974

WITH CIVIL APPLICATION NO. 9923 OF 2024 IN FAST/24836/2024

THE EXECUTIVE ENGINEER AND ORS

VERSUS

PRABHU GOVIND KENDRE

WITH

CIVIL APPLICATION NO. 10056 OF 2024 IN FAST/25376/2024

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ORS

VERSUS

CHAND ALI SAYYAD ALI SAYYAD WITH

CIVIL APPLICATION NO. 9930 OF 2024 IN FAST/24856/2024

THE EXECUTIVE ENGINEER AND ORS

VERSUS

LAXMAN RAOSAHEB PHAD WITH CIVIL APPLICATION NO. 9931 OF 2024 IN FAST/24844/2024

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND

ORS

VERSUS

BABU GOVIND KENDRE

Advocate for applicants / claimants : Mr. N.D. Kendre (All CAs) Addl.GP for the respondent – State : Mr. A.R. Kale (in all matters) Advocate for respondent no. 1 : Mr. H.P. Jadhav (Acquiring Body – All CAs)

CORAM : SHAILESH P. BRAHME, J. DATE : 24 APRIL 2026

PER COURT :

Civil Applications No. 4935 fo 2026 and 4936 of 2026, seeking withdrawal of the amounts not on Board. Upon mentioning, taken on Board.

5 974

DELAY AND LRS

Applicants in CA / 4892 /2026 seek to condone delay of 4672 days in preferring the Appeal in setting aside the abatement and bringing the LRS of deceased appellant – Prabhu S/o Govind Kendre on record.

Applicants in CA / 4893 /2026 seek to condone delay of 186 days in preferring the Appeal in setting aside the abatement and bringing the LRS of deceased appellant – Babu S/o Govind Kendre on record.

The cause of action survives against the heirs of the deceased. No mala fides are noticed in preferring the appeal / s belatedly. Delay stands condoned. Abatement is set aside. Leave is granted to the parties to carry out the amendment. Civil Applications are disposed of.

DELAY

Applicants seek to condone delay ranging from 543 days.

Averments of the applications have not been controverted by the respondents. There is no reason to infer any oblique motive on the part of the Acquiring Body in preferring the appeal / s belatedly. Delay stands condoned. Civil Applications are disposed of.

WITHDRAWAL

Applicants seek withdrawal of various amounts deposited by the respondent – Acquiring Body.

6 974

Both the parties state that only 50% of the amount is deposited by the Acquiring Body. Ends of justice would be met by allowing the applicants to receive the amount deposited in this Court with accrued interest.

Civil Applications are allowed partly.

Applicants are permitted to withdraw the amounts deposited by the Acquiring Body, respectively, with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

STAY

Learned counsel for the Acquiring Body seeks time to deposit

the amount.

Time of 12 weeks is granted to deposit the amount.

[ SHAILESH P. BRAHME ] JUDGE

arp/