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Bombay High CourtCA/8925/2025admittedallowedgrantedrule absolute

Eknath Shivram Surwase And ANR. v. The State Of Maharashtra, Through The Collector, Osmanabad

2025-09-25Hon'Ble Shri Justice Abhay S. Waghwase2 pages

{1} CA 8925 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 8925 OF 2025 IN FA/2107/2021 EKNATH S/O. SHIVRAM SURWASE, DIED, THR.LRS. SUMAN SURESH SURWASSE & SUMAN BALIRAM SHINDE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD ...

Advocate for Applicants : Mr. Laxmikant C. Patil AGP for Respondent nos.1 & 2 : Mr.D.R.Korade Advocate for Respondent no.3 : Mr.Shamsunder B.Patil & Mr.R.K.Ingole ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 25 SEPTEMBER, 2025 PER COURT :- 1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body along with interest accrued thereon. The acquiring body has deposited only 75% amount of the impugned award.

{2} CA 8925 OF 2025 3.

This Court, vide order passed in Civil Application No.4340 of 2025 and connected matter, has already granted the applicants therein to withdraw the deposited 75% amount. In view of the same, the applicants herein are permitted to withdraw the entire 75% deposited amount of compensation i.e. 50% on usual undertaking and 25% on furnishing solvent security/surety along with the accrued interest thereon to the satisfaction of the Registrar (Judicial) of this Court.

4.

Civil Application is accordingly disposed of. ( ABHAY S. WAGHWASE ) JUDGE SPT