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Bombay High CourtCA/5817/2025admittedallowedgrantedrule absolute

Prabhakar So Sonba Gawali v. The State Of Maharashtra And ANR

2025-06-13Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:14993 1 921-CA.5817-25 & ors(withdrawal).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 5817 OF 2025 IN FA/574/2024 PRABHAKAR S/O SONBA GAWALI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND ANR WITH CIVIL APPLICATION NO. 5816 OF 2025 INFA/572/2024 WITH CIVIL APPLICATION NO. 5818 OF 2025 IN FA/575/2024 WITH CIVIL APPLICATION NO. 5819 OF 2025 IN FA/573/2024 WITH CIVIL APPLICATION NO. 5821 OF 2025 IN FA/576/2024 WITH CIVIL APPLICATION NO. 5815 OF 2025 IN FA/577/2024 ...

Advocate for Applicants in all : Ms. L. R. Thakur h/f Mr. Patil Laxmikant C.

AGP for Respondent/s-State in all : Mr. B. A. Shinde. Advocate for Respondent No.2 in all : Mr. Anil M. Gaikwad. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.06.2025 PER COURT :- 1.

Heard both the sides.

2.

These applications are for withdrawal of amount deposited by respondent/acquiring body. Respondent No.1, who is the acquiring body has preferred first appeals and deposited entire amount which was condition imposed for granting interim stay. My attention is adverted to the order passed on 09.04.2025 by the Co-ordinate Bench permitting those claimants to withdraw the amount on certain conditions.

2 921-CA.5817-25 & ors(withdrawal).odt I proposed to follow the same course. Hence, I pass following order :

O R D E R

(i) Applicants are permitted to withdraw 75% of the amount deposited in this Court along with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance 25% of the amount of compensation with accrued interest thereon be invested in fixed deposit in any Nationalized Bank for a fixed term to be renewed till pendency of the appeals.

(ii) The applications for withdrawal of amount stand disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-