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Bombay High CourtCA/8196/2025admittedallowedgrantedrule absolute

Gahininath Vasant Mane Died Thr Lrs Pandurang And ORS v. The State Ofmaharashtra, Through The Collector, Osmanabad

2025-10-13Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:28878 {1} CA 8196 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 8196 OF 2025 IN FAST/10319/2021 GAHININATH MARUTI MANE, DIED, THR. LRS. PANDURANG GAHININATH MANE AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD ...

Advocate for Applicants : Mr.Mrunal Andhare h/f. Mr. Ajeet B. Kale AGP for Respondent nos.1 & 2 : Mr.D.R.Korade Advocate for Respondent no.3 : Mr.Mukul S. Kulkarni ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 13 OCTOBER, 2025 PER COURT :- 1.

Heard the learned counsel for the claimants and learned counsel for respondents.

2.

In similarly situated applications i.e. Civil Application No.12437 of 2023 with connected matters, this Court allowed the applicants to withdraw 75% of the amount deposited with accrued interest. The appeal is delayed by 1374 days. Its condonation application is pending. Since the Court has already taken the view to grant the claimants to withdraw 75% of the deposited amount, the following order is passed :

{2} CA 8196 OF 2025

ORDER

(i) Application is partly allowed.

(ii) The applicants are permitted to withdraw 75% of the amount deposited with proportionate interest thereon on furnishing usual undertaking to the satisfaction of he learned Registrar (Judicial) of this Court that they will deposit the amount, if the impugned award is reversed. (iii) The balance amount be deposited in the fixed deposit as per the rules.

( ABHAY S. WAGHWASE ) JUDGE SPT