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Bombay High CourtCA/2895/2025admittedallowedgrantedrule absolute

Sadashiv Chandrabhan Suryawanshi v. The State Of Maharashtra Thr Collector Osmanabad And ORS

2025-03-28Hon'Ble Shri Justice Rohit W. Joshi2 pages

938-ca-2895-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2895 OF 2025 IN FA/3415/2023 Sadashiv Chandrabhan Suryawanshi

VERSUS

The State Of Maharashtra Thr Collector Osmanabad And Ors ...

Mr. P. B. Rakhunde, Advocate for Applicant Mr. S. P. Joshi, AGP for Respondents-State Mr. P. B. Rakhunde, Advocate for Respondent No.1 ...

WITH CIVIL APPLICATION NO. 3595 OF 2023 IN FA/3415/2023 The Executive Engineer, Minor Irrigation Division, Osmanabad.

VERSUS

Sadashiv Chandrabhan Suryawanshi .....

CORAM : ROHIT W. JOSHI, J.

DATED : 28TH MARCH, 2025 PER COURT :- FIRST APPEAL NO.3415 OF 2023 .

Heard.

2.

Admit.

3.

Call Record and Proceeding.

4.

Issue notice to respondents. Learned AGP waives service of notice for respondent Nos.2 and 3. Learned Advocate

938-ca-2895-2025 Mr. P. B. Rakhunde appearing for respondent waives service of notice for respondent/land owner CIVIL APPLICATION NO. 3595 OF 2023 .

Since the entire amount alongwith accrued interest is deposited, execution of the judgment and award is stand stayed till final disposal of the appeal, subject to right of the respondent/land owner to seek withdrawal of the amount deposited.

CIVIL APPLICATION NO. 2895 OF 2025 .

In view of earlier order dated 28.02.2025 passed in Civil Application No.1868 of 2025 in First Appeal No.657 of 2024, the applicants/land owners are permitted to withdraw 50% of the amount deposited by the non applicant/Acquiring Body with this Court alongwith accrued interest on furnishing usual undertaking.

( ROHIT W. JOSHI, J. ) Rushikesh/2025