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Bombay High CourtCA/10784/2025admittedallowedgrantedrule absolute

Narsing Nivrutti Bhadre (Died) Thr Lrs Kusumbai Died Through Lrs Savita And ORS v. The State Of Maharashtra And ORS

2025-11-11Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2025:BHC-AUG:30970

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 78 CIVIL APPLICATION NO. 10784 OF 2025 IN FA/224/2021 NARSING NIVRUTTI BHADRE (DIED) THR LRS KUSUMBAI DIED THROUGH LRS SAVITA AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS AND 79 CIVIL APPLICATION NO. 10786 OF 2025 IN FA/223/2021 PANDURANG MANOHARRAO PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 3111 OF 2019 IN FA/223/2021 ...

Advocate for Applicants : Mr. More P. P.

AGPs for Respondent/s-State : Mr. N. R. Dayma, Mrs. M. N. Ghanekar, respectively.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 11.11.2025 PER COURT :- 1.

Applicants seek withdrawal of balance amount with accrued interest. Relying on the order dated 12.12.2024 in Civil Application No.1964 of 2024 in First Appeal Stamp No.5901 of 2017 as well as order dated 17.03.2025 in First Appeal No.67 of 2025.

2.

Learned counsel Mr. More makes a candid statement that present appeals are from the selfsame acquisition proceedings and the project. He tenders on record copy of award dated 25.11.1996.

3.

Learned respective AGP oppose applications.

4.

Already a view has been taken for disbursing 50% of the amount on undertaking and balance 50% on furnishing solvent surety/security. This Court has to be consistent with the view taken and I am inclined to allow the applications. 5.

Civil applications are allowed.

6.

The balance amount with accrued interest shall be disbursed to the applicants on furnishing solvent surety/ security to the satisfaction of the Registrar (Judicial). First Appeals 7.

Admit.

8.

Learned counsel Mr. More waives service of notice for respondents/claimants.

8.

Call for Record and Proceedings from the concerned Court.

9.

Present appeals shall be heard along with First Appeal No.67 of 2025.

Civil Application for Stay 10.

As the amount has been deposited in pursuance of the orders passed by this Court, ad-interim relief granted earlier shall stand confirm. Civil application for stay is disposed of. (SHAILESH P. BRAHME, J.) ...

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