Dhondiba Bhairu Pawar (Died) Thr Lrs Shankar (Died) Thr. Lrs Vidhyadevi And ORS v. The State Of Maharashtra Through Collector, Osmanabad

(1) 931 CA-1739.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 1739 OF 2025 IN FA/1389/2022 WITH CIVIL APPLICATION NO. 4054 OF 2022 IN FA/1389/2022 DHONDIBA BHAIRU PAWAR (DIED) THROUGH LRS SHANKAR (DIED) THR. LRS VIDHYADEVI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD ...

Mr. Amardeep Naiknaare, Advocate holding for Mr. R.V. Naiknaware, Advocate for the applicants.

Mr. A.R. Lukhe, Advocate holding for Mr. A.S. Shelke, Advocate for Acquiring Body.

Mr. D.J. Patil, A.G.P. for respondents /State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

12 FEBRUARY 2025.

ORDER:- IN CIVIL APPLICATION NO. 1739 OF 2025 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to withdraw entire amount of compensation.

3.

Though the application is opposed, but considering the order dated 19.08.2024 in other connected matter, the applicants are permitted to withdraw 75% of the deposited amount of compensation i.e. 50% on usual undertaking and

(2) 931 CA-1739.2025.odt 25% on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

5.

The application is accordingly disposed of.

IN CIVIL APPLICATION NO. 4054 OF 2022 :

.

Since the appellant Acquiring Body has deposited entire amount of compensation, the application is made absolute in terms of prayer clause and disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde