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Bombay High CourtCA/9366/2024admittedallowedgrantedrule absolute

Kachru Namdeo Sonawane Since Deceased Hence Through Legal Representatives Eknath And ORS v. The State Of Maharashtra Through Collector Aurangabad And ORS

2024-10-10Hon'Ble Shri Justice Kishore C. Sant2 pages

39ca9366.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 39 CIVIL APPLICATION NO. 9366 OF 2024 IN FA/4770/2023 KACHRU NAMDEO SONAWANE SINCE DECEASED HENCE THROUGH LEGAL REPRESENTATIVES EKNATH AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Janapurkar Pradeep M. AGP for Respondents/State : Mr. K.N.Lokhande Advocate for Respondent No.2 : Mr. Mukul S Kulkarni ...

CORAM : KISHORE C. SANT, J.

DATE : 10.10.2024.

PER COURT :

WITHDRAWAL 1.

Heard the parties.

2.

This application is filed for withdrawal of the amount deposited by the State of Maharashtra in the office of this Court. 3.

Learned Advocate for the applicants relied upon the

39ca9366.24 order passed by this Court in Civil Application No. 8649 of 2024 in First Appeal No. 4772 of 2023 dated 16.08.2024. In view of the said this Court inclined to pass following order :

ORDER

(i) The application stands allowed and disposed off.

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

(iii) Further 25% amount deposited is permitted to withdraw alongwith interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

(iv) Remaining amount be deposited in Fixed Deposit in any nationalized bank to be renewed from time to time till final disposal of the main appeal.

( KISHORE C. SANT ) JUDGE mahajansb/