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Bombay High CourtCA/2857/2025admittedallowedgrantedrule absolute

Balvant Ashok Bhosale v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

2025-03-11Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:7382 914-CA-2857-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 2857 OF 2025 IN FA/1323/2019 Balvant Ashok Bhosale ....Applicant

VERSUS

The State of Maharashtra Thr. Collector Osmanabad and Ors.

.....Respondents .....

Mr. Patil Laxmikant C., Advocate for Applicant Mr. Rajdeep D. Raut, AGP for Respondent No.1 - State Mr. A. S. Shelke, Advocate for Respondent No.2 .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

11.03.2025 PER COURT :

1.

This is an Application fled with the following prayers :- "A] This civil application may kindly be allowed. B] That, the applicant be permitted to submit fresh solvent surety / security of the like amount and discharge the earlier solvent surety furnished in Civil Application No.11143 of 2019 in First Appeal No.1323 of 2019 and for that purpose necessary directions be issued.

C] Any other suitable equitable relief to which the applicant is entitled in the peculiar facts and circumstances be granted in favour of applicant. "

2.

Heard the learned Advocate for the Applicant, learned A.G.P. for Respondent No.1 and the learned Advocate for Respondent No.2.

3.

This Court by order dated 04/12/2019 in Civil Application No.11143/2019 passed the following order :- "

Heard both sides.

2] The applicant is allowed to withdraw 75% of the amount deposited in the Court by the acquiring body, 50% by furnishing undertaking in usual terms and 25% by furnishing solvent security.

3] Application is disposed of."

914-CA-2857-2025.odt 4.

For the reasons mentioned in the Application, Application is allowed in terms of prayer clause - [B]. The solvent surety / security be given to the satisfaction of the Registrar [Judicial] of this Court. Application is disposed of accordingly. [NEERAJ P. DHOTE, J.] Sameer/March-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 13/03/2025 17:49:04