The M.K.V. D.C. Thr. The Ex. Eng. I.S. Div. Omerga, Now, Osm. Medium Project Div.,Osmanabad And ORS v. Pandurang Girjappa Mali

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 4497 OF 2025 IN FA/392/2024 Pandurang So Girjappa Mali

VERSUS

The State Of Maharashtra And Ors.

WITH CIVIL APPLICATION NO. 8514 OF 2023 IN FA/282/2024 WITH CIVIL APPLICATION NO. 4496 OF 2025 IN FA/3999/2023 WITH CIVIL APPLICATION NO. 4495 OF 2025 IN FA/299/2024 WITH CIVIL APPLICATION NO. 8510 OF 2023 IN FA/299/2024 WITH CIVIL APPLICATION NO. 4498 OF 2025 IN FA/391/2024 WITH CIVIL APPLICATION NO. 4499 OF 2025 IN FA/390/2024 WITH CIVIL APPLICATION NO. 8516 OF 2023 IN FA/392/2024 WITH CIVIL APPLICATION NO. 11214 OF 2023 IN FA/390/2024 WITH

( 2 ) CIVIL APPLICATION NO. 8512 OF 2023 IN FA/3999/2023 WITH CIVIL APPLICATION NO. 8518 OF 2023 IN FA/391/2024 ...

Mr. Laxmikant C. Patil, Advocate for Applicant. Mr. R. B. Dhaware, AGP for Respondent-State.

Mr. Anil M. Gaikwad Advocate for Respondent No. 2. CORAM : KISHORE C. SANT, J.

DATE : 3rd OCTOBER 2025.

PC :- 1.

Heard the learned Advocates for the parties.

2.

These applications are filed for withdrawal of the amount deposited by the appellant-acquiring body in the office of this Court as per impugned judgment and award.

3.

The learned Advocate for the applicant produced on record a copy of order dated 17th February 2021 passed in Civil Application No.8684 of 2020 in First Appeal (ST) No.17170 of 2019.

4.

The learned Advocate for the respondent does not dispute the earlier order.

( 3 ) 5.

Considering above, following order:

ORDER

(i) Applications stand allowed.

(ii) The applicants are permitted to withdraw 50% of the deposited amount in the office of this Court alongwith accrued interest on furnishing usual undertaking.

(iii) Further 25% of the amount of compensation alongwith accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(iv) Remaining amount be kept in fixed deposit in any nationalized bank till final disposal of the first appeal. (v) With this, civil applications stand disposed off. STAY APPLICATIONS 6.

Since the applicants have deposited the entire amount of compensation in the office of this Court as per impugned judgment and award, there shall be stay to the execution of the judgment and award

( 4 ) till final disposal of the first appeal.

7.

With this, civil applications stand disposed off. FIRST APPEALS 8.

Heard.

9.

Admit.

10.

Call for record and proceedings.

11.

Learned Advocate Mr. N. C. Patil waives service of notice for Respondent-claimant.

[KISHORE C. SANT, J.]