Laxman Dattu Mohite v. The State Of Maharashtra Thr Collector Osmanabad And ORS
2025:BHC-AUG:17671 1 934.CA(i).2907-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 2907 OF 2025 IN FA/1646/2025 GUNVANT LAXMAN MOHITE
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 6829 OF 2025 IN FA/1645/2025 PRAKASH VISHWANATH MOHITE
Versus
THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND ORS ...
CIVIL APPLICATION NO. 6830 OF 2025 IN FA/1647/2025 LAXMAN DATTU MOHITE
Versus
THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND ORS ...
Advocate for Applicants : Mr. Praveen Baliram Rakhunde AGP for Respondents/State : Mr. D.B. Bhange Advocate for Respondent No.3: Mr. Sunil P. Sonpawale ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 8th JULY 2025 PER COURT :
1.
Applicants are praying for withdrawal of the amount which is deposited by the Respondent/Acquiring Body.
2 934.CA(i).2907-2025.doc 2.
Learned Counsel for the Applicants tenders on record dated 06.03.2025 passed by the coordinate bench in the Civil Application No.2702/2025 in First Appeal Stamp No.29140/2023. On the ground of parity, it is contended that the Applicant is entitled to receive the amount.
3.
Learned Counsel Mr. Sonpawale for the Acquiring Body and learned AGP oppose the application and the submission of the Counsel for the Applicants.
4.
Respondent No.3/Acquiring Body has deposited amount in the respective appeals. My attention is adverted to the order dated 06.03.2025 which is annexed to the application. I find no impediment in permitting the Applicants to receive some amount. I propose to adopt the same course and reasons. 5.
Civil Applications are partly allowed, permitting the Applicants to receive 50% amount with accrued interest deposited in this Court on furnishing usual undertaking and for remaining 50% amount with accrued interest on furnishing solvent surety and security to the satisfaction of the Registrar (Judicial) of this Court. SHAILESH P. BRAHME JUDGE NAJEEB..