Prakash Dagdu Wadane And ANR v. The State Of Maharashtra And ORS

929-CA-8335-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 8335 OF 2025 IN FIRST APPEAL NO. 2014 OF 2017 Prakash Dagdu Wadane And Anr

VERSUS

The State Of Maharashtra And Ors .....

Mr. Wakure Sanjay A., Advocate for Applicant No.1 Mr. Ganesh R. Jadhav, Advocate for Applicant No.2 Ms. A. S. Deshmukh, AGP for the Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

03.12.2025 PER COURT :

[I] Order in First Appeal :

1.

This is the Appeal by the State against the Judgment and Award passed by the learned Reference Court in LAR No.11/2012 decided by the learned Joint Civil Judge, Senior Division, Osmanabad. 2.

This Appeal is of 2017. Call Record and Proceedings with Paperbook from the learned Reference Court. The same is expedited. 3.

Stand over after two [02] weeks.

[II] Order in Civil Application :

1.

This is the Application for withdrawal of remaining 50% of the amount along with interest accrued thereon, deposited by the Acquiring Body in this Court.

929-CA-8335-2025.odt 2.

The learned Advocates for the Applicants submit that, the Applicants are need of money for their medical treatment, and therefore, the Application be allowed.

3.

The Application is opposed by the learned Advocate for the State. She submits that, already 50% is withdrawn by the Applicants. 4.

The Appeal is of 2017. The enhancement granted by the learned Reference Court is 17 times. Considering all these aspects of the matter, the Applicants are permitted to withdraw 50% of the remaining amount, along with the interest accrued thereon, which is deposited by the Acquiring Body in this Court, subject to furnishing solvent surety / security to the satisfaction of the learned Registrar [Judicial] of this Court. 5.

Civil Application stands disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/December-2025