Jammu Hussain Daud And ANR v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

2025:BHC-AUG:14083 1 914 ca 5502.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5502 OF 2025 IN CIVIL APPLICATION NO. 4929 OF 2018 IN FIRST APPEAL NO. 1116 OF 2016 Jammu Hussain Daud and another .. Applicants

Versus

The State of Maharashtra through Collector Osmanabad and others .. Respondents Shri P. B. Rakhunde, Advocate h/f Shri D. H. Jadhavar, Advocate for the Applicants.

Shri K. K. Naikh, A.G.P. for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J.

DATE : 09TH MAY, 2025.

ORDER :

.

Heard both sides.

2.

Applicants are seeking permission to replace the solvent security/ surety because of the supervening events. 3.

Applicants were permitted to withdraw the amount on furnishing solvent security of the double of the amount of withdrawal and solvent surety of equal amount to the satisfaction of Registrar (Judicial) of this Court. Accordingly the amount was disbursed and condition was complied with by

2 914 ca 5502.25 offering security of applicant No. 1 himself. Now applicants are desirous of discharging the security and surety by replacing applicant No. 1 by one Samrin Mohammad Mukebin and Shahin Habib Mukebin.

4.

If Registrar (Judicial) is requested to ascertain the security and surety in accordance with earlier order dated 18.01.2019, the purpose would be sub served.

5.

The civil application is allowed in terms of prayer clause 'B' on condition that security as well as surety to be offered shall be subject to satisfaction of the Registrar (Judicial) of this Court. [ SHAILESH P. BRAHME J. ] bsb/May 25