Devappa Sangave (Died) Through L.Rs. Mangalbai Vishwanath Devappa v. The Executive Engineer
Case Details
2025:BHC-AUG:28034 1 22-CA 10983-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10983 OF 2025 IN FAST/24094/2024 Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai Vishwanath Devappa .. Applicants Versus The Executive Engineer .. Respondents Mr. Ramesh V. Naiknavare, Advocate for the Applicants. Mr. Arun H. Koralkar, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. WITH CIVIL APPLICATION NO. 2128 OF 2025 IN FAST/24094/2024 Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai (Died) Through L.Rs. Indubai Mahadeo Bagale and another Versus .. Applicants The Executive Engineer Krishna Khore Vikas Mahamandal and others .. Respondents
Legal Reasoning
Mr. Ramesh V. Naiknavare, Advocate for the Applicants. Mr. Arun H. Koralkar, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. WITH CIVIL APPLICATION NO. 12015 OF 2024 IN FAST/24094/2024 The Executive Engineer Krishna Khore Vikas 1 of 7 2 22-CA 10983-2025.odt Mahamandal Osmanabad .. Applicant Versus Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent Nos. 1-B & 1- C. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. WITH CIVIL APPLICATION NO. 12014 OF 2024 IN FAST/24094/2024 The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad .. Applicant Versus Vishwanath Devappa Sangave (Died) Through L.Rs. Mangalbai and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent Nos. 1-B & 1- C. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. AND CIVIL APPLICATION NO. 10984 OF 2025 IN FAST/24105/2024 Tanaji Devappa Sangave .. Applicant Versus The Executive Engineer .. Respondents Mr. Ramesh V. Naiknavare, Advocate for the Applicant. Mr. Arun H. Koralkar, Advocate for Respondent No. 1. 2 of 7 3 22-CA 10983-2025.odt Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. WITH CIVIL APPLICATION NO. 12016 OF 2024 IN FAST/24105/2024 The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad .. Applicant Versus Tanaji Devappa Sangave and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. WITH CIVIL APPLICATION NO. 12017 OF 2024 IN FAST/24105/2024 The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad .. Applicant Versus Tanaji Devappa Sangave and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. AND CIVIL APPLICATION NO. 12018 OF 2024 IN FAST/24100/2024 The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad .. Applicant Versus 3 of 7 4 22-CA 10983-2025.odt Kallappa Devappa Sangave and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. WITH CIVIL APPLICATION NO. 12019 OF 2024 IN FAST/24100/2024 The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad .. Applicant Versus Kallappa Devappa Sangave and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. AND CIVIL APPLICATION NO. 12012 OF 2024 IN FAST/24090/2024 The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad .. Applicant Versus Nilkanth Devappa Sangave and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. WITH CIVIL APPLICATION NO. 12013 OF 2024 IN FAST/24090/2024 4 of 7 5 22-CA 10983-2025.odt The Executive Engineer Krishna Khore Vikas Mahamandal Osmanabad .. Applicant Versus Kallappa Devappa Sangave and others .. Respondents Mr. Arun H. Koralkar, Advocate for the Applicant. Mr. Ramesh V. Naiknavare, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. CORAM : KISHORE C. SANT, J. DATE : 06th OCTOBER, 2025. PER COURT :- CIVIL APPLICATION NO. 10983 OF 2025 : AND CIVIL APPLICATION NO. 10984 OF 2025 : 1. These applications are for withdrawal of the amount deposited by the appellant – acquiring body in the office of this Court. 2. The learned advocate for the applicants relies upon the order dated 30.09.2022 in Civil Application No. 15259/2019 in First Appeal (Stamp) No. 8995/2017 passed in similar matter arising out of the same acquisition proceedings . 3. Considering the above, following order : 5 of 7 6 22-CA 10983-2025.odt
Decision
ORDER (I) The applicants are permitted to withdraw 50% of the amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining amount be kept in a fixed deposit in any Nationalized Bank till disposal of the appeal. (II) With this, civil applications stand disposed of. CIVIL APPLICATION NO. 12015 OF 2024 : CIVIL APPLICATION NO. 12017 OF 2024 : CIVIL APPLICATION NO. 12019 OF 2024 : CIVIL APPLICATION NO. 12013 OF 2024 : 1. Since the appellant – acquiring has deposited 90% of the amount of compensation as per the impugned judgment and award, there shall be stay to the impugned judgment and award till disposal of the appeals. 2. The civil applications for stay stand disposed of. CIVIL APPLICATION NO. 2128 OF 2025 : 1. This application is for leave to delete name of respondent 6 of 7 7 22-CA 10983-2025.odt No. 1A in the first appeal as she is dead. The present applicants are the legal heirs of deceased Mangal Sangave who died on 23.08.2011. 2. Since the applicants are the only legal heirs of deceased and the legal heirs are already on record i.e. applicant Nos. 1-B and 1-C in the appeal, leave to delete the name of deceased is granted at the risk of the applicants. 3. The civil application stands disposed of. CIVIL APPLICATION NO. 12014 OF 2024 : CIVIL APPLICATION NO. 12016 OF 2024 : CIVIL APPLICATION NO. 12018 OF 2024 : CIVIL APPLICATION NO. 12012 OF 2024 : 1. For the reasons stated in the applications, delay stands condoned. 2. The civil applications are allowed and disposed of accordingly. P.S.B. ( KISHORE C. SANT, J. ) 7 of 7