Vithaldas Dhondiram Kabra Died Thr Lrs Kaushalyabai Kabra Died Thr Lrs Walchand Kabra And ORS v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

2025:BHC-AUG:11381 1 942.CA.4364-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4364 OF 2025 IN FA/591/1992 VITHALDAS DHONDIRAM KABRA DIED THR LRS KAUSHALYABAI KABRA DIED THR LRS WALCHAND KABRA AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ORS.

...

Advocate for Applicants : Mr. Rathi Swapnil S. AGP for Respondents/State : Mr. S.M. Ganachari ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17th APRIL 2025 PER COURT :

.

Applicants are seeking direction for disbursement of 1/6 share each from the amount which is lying in the High Court. 2.

The present Applicants along with Respondent Nos. 2 and 3 had preferred First Appeal No.591/1992. It was disposed of by common judgment and order dated 09.06.2009. Amount deposited by the acquiring body in High Court remained to be disbursed. Applicants and Respondent Nos. 2 and 3 are entitled to receive the amount equally. Its matter of record that Applicant No.1 - Kaushalyabai died and she is survived by Applicant Nos. 2 to 5 and Respondent Nos. 2 and 3. As Respondent Nos. 2 and 3 are not available for the signature for filing application, they are impleaded as Respondents. Applicants are entitled to 1/6 share each by keeping

2 942.CA.4364-2025.doc the shares of Respondent Nos. 2 and 3 in time. 3.

Learned AGP does not have any serious objection. 4.

The Civil Application is allowed in terms of prayer clause 'B'.

5.

It is clarified that if the Respondent Nos. 2 and 3 approached this office, they be disbursed the balance amount. SHAILESH P. BRAHME JUDGE NAJEEB..