Shankar Vithoba Hipparge (Died) His Lrs Shantabai And ORS v. The State Of Maharashtra Through The Collector, Osmanabad, And ORS

2024:BHC-AUG:22344 ( 1 ) {ca9978.24}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 71 CIVIL APPLICATION NO. 9978 OF 2024 IN FAST/22499/2021 SHANKAR VITHOBA HIPPARGE (DIED) HIS LRS SHANTABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD, AND ORS Mr.L.C. Patil, Advocate for the applicants.

Mr.P.D. Patil, AGP for the respondent-State.

Mr. Madhav N. Kalyane h/f. Mr.G.B. Rajale, Advocate for the respondentAcquiring body.

CORAM

: KISHORE C. SANT, J.

DATE : 19.09.2024 PC :- 01.

Heard parties. Considering order dated 30.08.2022 passed in Civil Application No. 12404 of 2022 in First Appeal No. 3581 of 2018, following order is passed :- (i) The application is partly allowed.

(ii) The applicants are permitted to withdraw 50% of the amount deposited along with accrued interest by furnishing usual undertaking.

(iii) Further 25% of the amount is allowed to be withdrawn along with accrued interest on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

( 2 ) {ca9978.24} (iv) Remaining 25% of the amount shall be invested in the fixed deposit of any nationalized bank to be renewed periodically till disposal of the appeal.

(v) The civil application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2024/sep24/ca9978.24