Gurabai Laxman Rathod And Others v. The State Of Maharashtra Through Its Collector, Osmanabad And ORS.,

50-CA.12474-25+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 CIVIL APPLICATION NO. 12474 OF 2025 IN FA/1793/2021 GURABAI LAXMAN RATHOD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, OSMANABAD AND ORS.

WITH CIVIL APPLICATION NO. 8872 OF 2021 IN FA/1793/2021 ...

Advocate for Applicants : Ms. L. R. Thakur h/f Mr. Patil Laxmikant C.

AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respondent No.3 : Mr. Mukul S. Kulkarni. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 21.11.2025 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to withdraw amount of Rs.58,337/- deposited by the acquiring body. My attention is adverted to the common orders dated 06.07.2023 and 30.07.2025 permitting the claimants to receive the amount. The amount deposited is meager one. Therefore, I find it fit to disburse the amount with accrued interest.

3.

Civil application for withdrawal is partly allowed permitting the applicants to receive 50% of the deposited

50-CA.12474-25+1.odt amount on furnishing undertaking and balance 50% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

First Appeal 4.

Admit.

5.

Learned AGP waives service of notice for respondents/State. Learned counsel Ms. Thakur holding for Mr. Patil waives service of notice for respondent/claimant. 6.

Call for Record and Proceedings from the concerned Court.

7.

Print is dispensed with.

Civil Application for Stay 8.

As entire amount is deposited, ad-interim relief granted earlier, if any, shall stand confirm.

9.

Civil application for stay is disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-