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Bombay High CourtCA/3126/2025admittedallowedgrantedrule absolute

Satyabhama Pralhad Chole v. The State Of Maharashtra Through Collector Latur And ANR

2025-03-21Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:8650 1 ca 3125.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3125 OF 2025 IN FIRST APPEAL NO. 1293 OF 2012 Vilas Gyanoba Bhandare .. Applicant

Versus

The State of Maharashtra and another .. Respondents WITH CIVIL APPLICATION NO. 3126 OF 2025 IN FIRST APPEAL NO. 2127 OF 2012 Satyabhama Pralhad Chole .. Applicant

Versus

The State of Maharashtra and another .. Respondents Shri H. B. Nandagawale, Advocate h/f Shri Vijay G. Sakolkar, Advocate for the Applicant in both matters.

Mrs. Ashlesha S. Deshmukh, A.G.P. for the Respondent No. 1 in both matters.

Shri Kalpana Kulkarni-Sonpawale, Advocate h/f Shri Sunil P. Sonpawale, Advocate for the Respondent No. 2 in both matters. CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST MARCH, 2025.

FINAL ORDER :

.

In both these applications directions are solicited to replace the solvency furnished by the applicants.

2.

Applicants were permitted to withdraw the amount on furnishing undertaking for 50% amount and bank guarantee for

2 ca 3125.25 remaining 50% amount vide order dated 09th April, 2014. It was modified by last order dated 07.09.2022 and by substituting bank guarantee, solvent surety was directed to be furnished. Accordingly applicants furnished solvent surety. Presently the difficulty with the applicants is that solvency to the extent of Rs. 8,00,000/- was furnished of Mr. Nivrutti Tukaram Shelke in C. A. No. 3125 of 2025 and Rs. 3,00,000/- of Mr. Siddheshwar Vishwanath Gulve in another application. The solvency holders are desirous of alienating their lands. They want to get discharged from the liability. The applicants are ready to furnish fresh solvency of the competent persons. The prayers in these applications are innocuous. The applicants undertakes to substitute another solvency.

3.

In that view of the matter, both civil applications are allowed in terms of prayer clause 'B'. The applicants shall furnish fresh solvency within a period of six (06) weeks from today. The civil applications are disposed of. [ SHAILESH P. BRAHME J. ] bsb/March 25