Nagesh Vitthal Valse v. The State Of Maharashtra, Through The Collector, Latur And ORS

2025:BHC-AUG:6582-DB 929-CA-2599-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2599 OF 2025 IN FIRST APPEAL NO. 2494 OF 2019 Nagesh Vitthal Valse ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Ms. L.R. Thakur, Advocate h/f Mr. L.C. Patil, Advocate for applicant Mrs. K.B. Patil Bharaswadkar, Addl.G.P. for respondent - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 04th MARCH, 2025 PER COURT :

1.

This application is preferred with the following prayer :- "B] That, the applicant be permitted to submit fresh solvent surety/security of the like amount and discharge the earlier solvent surety furnished vide order dated 09.02.2021 in Civil Application No. 499 of 2021 in First Appeal No. 2494 of 2019 and for that purpose necessary directions be issued." 2.

Heard both sides.

3.

Paragraph no.3 of the application reads as under :- "3] The applicant respectfully says and submits that, as stated above, the applicant has withdraw 25% of the amount out of the amount deposited before this Court on furnishing solvent 1 / 2

929-CA-2599-25.odt security/surety to the satisfaction of Registrar (Judicial) of this Court and withdraw the amount, but now the person, who has furnished solvent surety wants to sell his property due to his family problems, therefore, the applicant wants to discharge the solvent surety/security furnished vide order dated 09.02.2021 and furnish new solvency of the like amount, therefore, it is necessary and desirable to direct the office to accept the new solvent surety/security by replacing/discharging the earlier solvent surety/security submitted by applicant vide order dated 09.02.2021 in C.A. No.499/2021. The copies of new solvent surety issued by Tahsildar, Latur dated 12.12.2024 is annexed herewith and marked as ANNEXURE-'A-3'."

4.

We see no legal impediment in allowing the application and hence allow the application in terms of prayer clause [B]. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2