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Bombay High CourtCA/7002/2025admittedallowedgrantedrule absolute

Bhau Baliram Survase And ORS v. The State Of Maharashtra Through Collector Osmanabad At Osmanabad And ORS

2025-08-21Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 65-CA-7002-2025 STM This order is corrected pursuant to speaking to minutes of order dated 25.09.2025.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 65 CIVIL APPLICATION NO. 7002 OF 2025 IN FA/2931/2024 Bhau Baliram Survase And Ors.

VERSUS

The State Of Maharashtra Through Collector Osmanabad At Osmanabad And Ors.

...

Mr. Abhijit S. More, Advocate for Applicants. Smt. A. S. Deshmukh, AGP for Respondent-State. CORAM : KISHORE C. SANT, J.

DATE : 21st AUGUST 2025.

PC :- 1.

Heard the parties.

2.

This application is filed by legal heirs of original claimant seeking modification of order dated 29th July 2024 passed by this Court in Civil Application No. 7502/2024.

3.

This Court, by order dated 29th July 2024, had permitted the applicants to withdraw entire amount deposited in this Court alongwith accrued interest, on furnishing usual undertaking. The applicants have Ethape

( 2 ) 65-CA-7002-2025 STM This order is corrected pursuant to speaking to minutes of order dated 25.09.2025. now come before this Court stating that the applicant No.2.2, namely, Sheetal Revannath Auate, is mentally disabled and she cannot come to this Court for giving undertaking. The other applicants have not withdrawn the amounts of their respective shares as well. The necessary modification is therefore sought in the present order. 4.

Considering above, clause (b) of order dated 29th July 2024 passed in CA No. 7502/2024 shall be read as under:

"The applicants are permitted to withdraw the amounts of their shares individually."

5.

The office to disburse the amount to each individual applicants in their joint account. The amount of shares of applicants, except applicant No.2.2, permitted to be withdrawn on executing undertaking. 6.

With this, application stands disposed off.

[KISHORE C. SANT, J.] Ethape