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Bombay High CourtCA/4249/2025admittedallowedgrantedrule absolute

Siddheshwar @ Siddhu Digambar Kanwale v. The State Of Maharashtra, Thr The Collector, Osmanabad And ORS

2025-04-15Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:11429

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

39 CIVIL APPLICATION NO.4247 OF 2025 IN FA/793/2020 Kalyan Mallikarjun Swami

Versus

The State of Maharashtra, Thr The Collector, Osmanabad And Ors .....

AND CIVIL APPLICATION NO. 4249 OF 2025 IN FA/794/2020 Siddheshwar @ Siddhu Digambar Kanwale

Versus

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

AND CIVIL APPLICATION NO. 4248 OF 2025 IN FA/796/2020 Raghunath Kashinath Dhokale

Versus

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

AND CIVIL APPLICATION NO. 4244 OF 2025 IN FA/798/2020 Bhagwan Mahadeo Kanwale

VERSUS

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

AND CIVIL APPLICATION NO. 4246 OF 2025 IN FA/797/2020 Bharat Digambar Kanwale

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

In all the matters :

Shri. Laxmikant C. Patil, Advocate for the Applicants Shri. D. J. Patil, AGP for Respondent Nos. 1 & 2 Shri. A. M. Gaikwad, Advocate for Respondent No.3 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 15, 2025 PER COURT :- .

These are the Applications by the Applicants - Original Claimants for withdrawal of the remaining 25% amount.

2.

Heard the learned Advocate for the Applicants, the learned AGP for Respondent Nos.1 and 2 / State and the learned Advocate for the Respondent No.3 / Acquiring Body.

3.

There is no dispute that the Applicants were permitted to withdraw 75% amount on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court by order dated 28.04.2022. Now, the Applicants desire to withdraw remaining 25% amount deposited by the Acquiring Body.

4.

It is brought to my notice that, this Court in companion matters has permitted the Applicants therein to withdraw the remaining 25% amount on furnishing Solvent Surety / Security. The said order is dated 08.04.2025 in Civil Application No.3360/2025 and connected Applications. This position is not disputed. Hence, these Applications are allowed in terms of prayer clause '

B' thereof, subject to furnishing Solvent Surety / Security by the respective Applicants to the satisfaction of the Registrar (Judicial) of this Court.

5.

The Applications stand disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 21/04/2025 18:32:30