Bombay High CourtCA/7231/2023admittedallowedgrantedrule absolute

Nilawati @ Navalbai Pandurang Pawar v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2023-08-29Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) ca7228.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7228 OF 2023 IN FIRST APPEAL NO. 1890 OF 2019 MAHADU TAKUR LAMAN (RATHOD) DIED THR. LRS. BABURAO AND ORS

VERSUS

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

WITH CIVIL APPLICATION NO. 7231 OF 2023 IN FIRST APPEAL NO. 1891 OF 2019 NILAWATI @ NAVALBAI PANDURANG PAWAR

VERSUS

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

WITH CIVIL APPLICATION NO. 7229 OF 2023 IN FIRST APPEAL NO. 1892 OF 2019 LAXMAN UDHAV PAWAR (DIED) THR LRS WALKABAI LAXMAN PAWAR

VERSUS

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

Mr.L.C. Patil, Advocate for the applicants.

Mr.S.P. Tiwari, Advocate for the respondent/State. Mr.Avishkar S. Shelke, Advocate for respondent No.3.

CORAM

KISHORE C. SANT, J.

DATED :

29.08.2023 PC :- 01.

These applications are filed for withdrawal of amount. This Court in similar matters i.e. in Civil Application Nos. 7237, 7255 and 7254 of 2023 has allowed the applicants to withdraw amount of 50% of the deposited

( 2 ) ca7228.23 amount along with interest accrued thereupon, if any, on filing usual undertaking and 25% amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. The remaining 25% amount is directed to be invested in the fixed deposit in a Nationalised Bank on yearly renewal basis till final disposal of the appeal. This Court finds that in view of this, even present applications can be partly allowed. Same are hereby allowed partly. 02.

The applicants are permitted to withdraw 50% of the amount along with interest accrued thereupon on furnishing usual undertaking in the Court, 25% of the amount be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Rest of the amount be kept in fixed deposit in any Nationalised Bank on yearly renewal basis, till final disposal of these appeals.

03.

The Civil Applications are accordingly disposed off. [KISHORE C. SANT, J.] snk/2023/AUG23/ca7228.23