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Bombay High CourtCA/7850/2025admittedallowedgrantedrule absolute

Murlidhar Hariba Gore v. The State Of Maharashtra Thr Collector Osmanabad And ORS

2025-07-29Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:20133 1 942 ca 7850.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7850 OF 2025 IN FIRST APPEAL STAMP NO. 11615 OF 2024 Mulidhar Hariba Gore .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Praveen B. Rakhunde, Advocate for the Applicant. Shri D. B. Bhange, A.G.P. for the Respondent Nos. 1 and 2. Shri Rajendra H. Wagh, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 29TH JULY, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant is seeking disbursement of the amount deposited by the respondent No. 3/acquiring body in this Court. For that purpose reliance is placed on the order dated 13.06.2024 passed by the Coordinate Bench in the smilarly situated matter. 3.

For the reasons stated in the application and in view of order dated 13.06.2024 passed in Civil Application No. 3530 of 2024, I am of the considered view that the applicant is entitled to receive the amount. I prefer to follow the same course as is done by the coordinate Bench.

2 942 ca 7850.25 4.

The civil application is partly allowed permitting the applicant to receive 50% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court and further 25% of the amount deposited with accrued interest on security/solvent surety. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/July 25