V.I.D.C., Thr. Executive Engineer, Irrigation Division , Amravati vs Mohan Shankar Tembhe and Others — Bombay HC (2026) — LawSathi Research

V.I.D.C., Thr. Executive Engineer, Irrigation Division , Amravati vs Mohan Shankar Tembhe and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 42 days in filing the statutory appeal condoned and CAF No.2405 of 2025 disposed of accordingly; in CAF No.2407 of 2025, ad-interim stay to the Judgment and Award dated 20.08.2024 granted till the next date, conditional on the appellant depositing the entire amount of compensation with interest within eight weeks; notice made returnable after four weeks.

Issue for consideration

Whether the delay of 42 days in filing the statutory appeal ought to be condoned. +1 more

Court's answer

The delay of 42 days in filing the statutory appeal does not appear to be intentional; the delay is condoned and the civil application is allowed.

Ratio / Principle

Subject to the appellant depositing the entire amount of compensation along with interest in this Court within eight weeks, ad-interim stay was granted to the impugned Judgment and Award till the next date.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Prafulla S. Khubalkar, J.), 12 January 2026 — Interlocutory orders in Civil Applications arising out of First Appeal (Stamp) No.9323 of 2025 filed by V.I.D.C. against the Judgment and Award dated 20.08.2024 of the Reference Court at Nagpur: (i) CAF No.2405 of 2025 — delay of 42 days in filing the statutory appeal condoned, the Court finding it did not appear to be intentional; application allowed and disposed of. (ii) CAF No.2407 of 2025 under Order 41, Rule 5 of C.P.C. — ad-interim stay of the impugned Judgment and Award granted till the next date, conditional upon the appellant depositing the entire amount of compensation along with interest within eight weeks; the Court noted its earlier order dated 16.07.2025 directing deposit of the entire decreetal amount within eight weeks had not been complied with. Notice returnable after four weeks; appellant permitted to serve the remaining respondent by private mode in addition to regular mode. Learned AGP appeared for respondent Nos.2 and 3-State; nobody appeared for respondent No.1.

1 6. CAF 2405 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

CIVIL APPLICATION (CAF) NO.2405 OF 2025 WITH CIVIL APPLICATION (CAF) NO.2407 OF 2025 IN

FIRST APPEAL (STAMP) NO.9323 OF 2025

V.I.D.C., THR. EXECUTIVE ENGINEER, IRRIGATION DIVISION, AMRAVATI

VERSUS

MOHAN SHANKAR TEMBHE AND OTHERS

Office Notes, Office Memoranda of Court's or Judge's orders Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. U.A. Gosavi, Advocate for Appellant. Ms. K.H. Bhondge, AGP for Respondent Nos.2 & 3-State.

CORAM : PRAFULLA S. KHUBALKAR, J. DATED : 12^th January 2026

Heard learned Advocate for the appellant.

This is an application for condonation of delay of 42 days in filing statutory appeal.

Notice on the civil application is served upon the respondents and nobody appears for respondent No.1. Learned AGP appears for respondent Nos.2 and 3-State.

Learned Advocate for the appellant submits that the delay of 42 days occurred in obtaining necessary permissions and approvals in filing statutory appeal on behalf of the appellant Corporation.

Having regard to the contents of the application and submissions advanced, the delay of 42 days does not appear to be intentional. Therefore, the application is allowed and the delay of 42 days in filing statutory appeal is condoned.

The civil application is accordingly disposed of.

2 6. CAF 2405 of 2025.odt

CIVIL APPLICATION (CAF) NO.2407 OF 2025

This is an application filed under Order 41, Rule 5 of C.P.C., for seeking stay to the Judgment and Award dated 20.08.2024, passed by the Reference Court at Nagpur.

Issue notice to the respondents, returnable after four weeks.

Learned AGP waives service of notice on behalf of respondent Nos.2 and 3-State.

The appellant is permitted to serve the other respondent by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date.

Although by an order dated 16.07.2025, on Civil Application No.2405 of 2025, this Court had directed the appellant to deposit the entire decreetal amount within a period of eight weeks, same is not deposited.

Be that as it may, having regard to the contents of the application and submissions advanced, subject to the appellant depositing the entire amount of compensation along with interest, in this Court, within a period of eight weeks from today, there shall be ad-interim stay to the impugned Judgment and Award, till next date.

(PRAFULLA S. KHUBALKAR, J.)

asd