The Mah. K.V.D.C., Thr, Ex Eng, I.P.S, Dept., Omerga, Now Osmanabad M.P. Dist. Osmanabad And ORS v. Mahadeo Sopan Ghotkar

2025:BHC-AUG:28265 1 41-CA 9469-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9469 OF 2025 IN FAST/20428/2023 Lochanabai W/o Vishwanath Nawgire And Others .. Applicants

Versus

The State Of Maharashtra, Through The Collector And Others .. Respondents Mr. Laxmikant C. Patil, Advocate for the Applicants. Smt. R. R. Tandale, AGP for Respondent Nos. 1 & 2. Mr. Aniket V. Wadwale, Advocate h/f Mr. A. M. Gaikwad, Advocate for Respondent No. 3.

WITH CIVIL APPLICATION NO. 8487 OF 2023 IN FAST/20428/2023 The Mah. K.V.D.C., Through Ex. Eng. I.P.S. Dept., Omerga, Osmanabad and others .. Applicants

Versus

Lochanabai W/o Vishwanath Nawgire And Others .. Respondents Mr. Aniket V. Wadwale, Advocate h/f Mr. A. M. Gaikwad, Advocate for the Applicants.

Smt. R. R. Tandale, AGP for Respondent/State. Mr. Laxmikant C. Patil,, Advocate for Respondents/claimants. AND CIVIL APPLICATION NO. 9470 OF 2025 IN FAST/20433/2023

2 41-CA 9469-2025.odt Mahadev Sopan Ghotkar (Died) Through L.Rs. Renuka and Others .. Applicants

Versus

The State Of Maharashtra, Through The Collector And Others .. Respondents Mr. Laxmikant C. Patil, Advocate for the Applicants. Smt. R. R. Tandale, AGP for Respondent Nos. 1 & 2. Mr. Aniket V. Wadwale, Advocate h/f Mr. A. M. Gaikwad, Advocate for Respondent No. 3.

WITH CIVIL APPLICATION NO. 8485 OF 2023 IN FAST/20433/2023 The Mah. K.V.D.C., Through Ex. Eng. I.P.S. Dept., Omerga, Osmanabad and others .. Applicants

Versus

Mahadev Sopan Ghotkar .. Respondents Mr. Aniket V. Wadwale, Advocate h/f Mr. A. M. Gaikwad, Advocate for the Applicants.

Smt. R. R. Tandale, AGP for Respondent/State. Mr. Laxmikant C. Patil,, Advocate for Respondents/claimants. CORAM : KISHORE C. SANT, J.

DATE : 06th OCTOBER, 2025.

PER COURT :- CIVIL APPLICATION NO. 8487 OF 2023 :

CIVIL APPLICATION NO. 8485 OF 2023 :

1.

Both these applications are for stay to the impugned

3 41-CA 9469-2025.odt judgment and award passed common in both the appeals. 2.

Considering that the amount is already deposited in the office of this Court, the civil applications are allowed. There shall be stay to the impugned judgment and award till disposal of the appeals.

3.

The civil applications stand disposed of.

CIVIL APPLICATION NO. 9469 OF 2025 :

CIVIL APPLICATION NO. 9470 OF 2025 :

1.

These applications are for withdrawal of the amount deposited by the appellant - acquiring body in the office of this Court. The applicants are original claimants/respondents in the appeals.

2.

The learned advocate for the applicants relies upon the order passed by this Court in Civil Application No. 9599/2025 in First Appeal No. 290/2024 dated 09.09.2025.

3.

Considering above, following order :

ORDER

(I) The applicants are permitted to withdraw 50% of the

4 41-CA 9469-2025.odt amount deposited by the acquiring body along with accrued interest on furnishing usual undertaking to the learned Registrar (Judicial) of this Court. An undertaking to form part of the appeals. Further 50% of the amount along with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (II) With this, the civil applications stand disposed of. ( KISHORE C. SANT, J. ) P.S.B.