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Bombay High CourtCA/8526/2025admittedallowedgrantedrule absolute

Kerba Shivram Gaikwad And Others v. The State Of Maharashtra Through The Collector, Osmanabad And ORS.

2025-08-25Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2025:BHC-AUG:23484 1 52(i).CA-8524-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8524 OF 2025 IN FA/2058/2025 NAGABAI NARSING JADHAV VS.

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND OTHERS .....

WITH CIVIL APPLICATION NO. 8523 OF 2025 IN FA/2057/2025 WITH CIVIL APPLICATION NO. 8526 OF 2025 IN FA/2059/2025 WITH CIVIL APPLICATION NO. 8537 OF 2025 IN FA/2068/2025 WITH CIVIL APPLICATION NO. 8528 OF 2025 IN FA/2060/2025 WITH CIVIL APPLICATION NO. 8539 OF 2025 IN FA/2069/2025 WITH CIVIL APPLICATION NO. 8533 OF 2025 IN FA/2065/2025 WITH CIVIL APPLICATION NO. 8535 OF 2025 IN FA/2067/2025 WITH CIVIL APPLICATION NO. 8522 OF 2025 IN FA/2055/2025 WITH CIVIL APPLICATION NO. 8532 OF 2025

2 52(i).CA-8524-2025.doc IN FA/2063/2025 WITH CIVIL APPLICATION NO. 8531 OF 2025 IN FA/2062/2025 ...

Advocate for Claimants: Mr.Laxmikant C.Patil AGP for Respondent/State : Mr.B.A.Shinde Advocate for Acquiring Body : Mr.A.M.Gaikwad ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25.08.2025 PER COURT :

.

These applications are for withdrawal of amount deposited by the Respondent/Acquiring body in the High Court. 2.

Learned counsel Mr.Patil for the claimants points out that coordinate benches have permitted the similarly situated claimants to receive 50% of the amount on furnishing undertaking and 25% on furnishing solvent surety/security 2.

I am shown order dated 14.12.2024 passed in Civil Application No.2288 of 2023 in First Appeal (ST) No.37180 of 2019.I do not find any reason to differ from the view taken by the co-ordinate benches. I propose to follow the same course.

3.

Civil applications are allowed partly permitting applicants to receive 50% of amount with accrued interest on furnishing undertaking and further 25% with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial)

3 52(i).CA-8524-2025.doc of this Court.

4.

Balance amount shall be invested in nationalized bank. [ SHAILESH P. BRAHME, J.] vsj..