Executive Engineer, Buldhana Irrigation Division, Buldhana vs Bharat S/O Devchand Jadhav and Others — Bombay HC (2026) — LawSathi Research

Executive Engineer, Buldhana Irrigation Division, Buldhana vs Bharat S/O Devchand Jadhav and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory order only: notice issued to respondents returnable after four weeks; AGP waived service for respondent Nos. 2 and 3/State; applicant permitted to serve remaining respondents by private mode and file affidavit of service by next date; ad-interim stay granted to the impugned judgment and award till next date, subject to the appellant depositing the entire decreetal amount with the Court along with interest within twelve weeks. The applications were not finally allowed or dismissed.

Issue for consideration

Whether ad-interim stay should be granted to the judgment and award dated 28.10.2024 in Case No.3037/AMT/BLD/2022 passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur, under Order 41 Rule 5 CPC, pending disposal of First Appeal (St.) No. 8405 of 2025, and on what conditions.

Ratio / Principle

In Civil Application No. 2415 of 2025, ad-interim stay granted to the impugned judgment and award of the Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur, till next date, conditioned upon the appellant depositing the entire decreetal amount with the High Court along with interest within twelve weeks.

Key takeaways

Notice ordered to the respondents, returnable after four weeks; the learned AGP waived service for respondent Nos. 2 and 3/State; the applicant was permitted to serve the remaining respondents by private mode in addition to regular mode and to file an affidavit of service by the next date.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench at Nagpur (Prafulla S. Khubalkar, J.), order dated 09.01.2026, in Civil Application No. 2415 of 2025 (companion to Civil Application No. 2413 of 2025) in First Appeal (St.) No. 8405 of 2025 — Executive Engineer, Buldhana Irrigation Division, Buldhana v. Bharat S/o. Devchand Jadhav and Others. Application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and award dated 28.10.2024 in Case No.3037/AMT/BLD/2022 passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur. Notice issued to respondents, returnable after four weeks; learned AGP waived service on behalf of respondent Nos. 2 and 3/State; applicant permitted to serve remaining respondents by private mode and file affidavit of service by next date. Conditional ad-interim stay granted to the impugned judgment and award till next date, subject to the appellant depositing the entire decreetal amount with the Court, together with interest, within twelve weeks.

1 8-CAF-2413-2025.odt

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

CIVIL APPLICATION NO.2413 OF 2025 IN

FIRST APPEAL (ST.) NO.8405 OF 2025

Executive Engineer, Buldhana Irrigation Division, Buldhana Vs.

Bharat S/o. Devchand Jadhav and Others

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

Mr. V. Dahat, Advocate for the Applicant/Appellant. Mr. S.C. Joshi, AGP for the Respondent Nos.2 and 3/State.

CORAM: PRAFULLA S. KHUBALKAR, J . DATED : 09th JANUARY, 2026

Heard.

Issue notice to the respondents, returnable after

four weeks.

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

Applicant is permitted to serve the remaining respondents by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date.

CIVIL APPLICATION NO.2415 OF 2025

This is an application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 for grant of stay to judgment and award dated 28.10.2024 in Case No.3037/AMT/BLD/2022 by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur.

2 8-CAF-2413-2025.odt

Issue notice to the respondents, returnable after four weeks.

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

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

Having regard to the contents of the application and submissions advanced, subject to the appellant depositing the entire decreetal amount with this Court along with interest, within a period of twelve weeks’ from today, there shall be ad-interim stay to the impugned judgment and award passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur, till next date.

(PRAFULLA S. KHUBALKAR, J.)

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