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Bombay High CourtCA/9250/2025admittedallowedgrantedrule absolute

Manik Yashvant Shinde Died His Lrs Mohan Manik Shinde v. The State Of Maharashtra, Through The District Collector, Osmanabad And ORS

2025-09-19Hon'Ble Shri Justice Kishore C. Sant3 pages

2025:BHC-AUG:25662 1 31-CA 9250-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9250 OF 2025 IN FAST/26482/2014 Manik Yashvant Shinde (died) His L.Rs. Mohan Manik Shinde .. Applicant

Versus

The State of Maharashtra and others .. Respondents AND CIVIL APPLICATION NO. 9251 OF 2025 IN FAST/26486/2014 Dnyanoba Sopan Waghmare .. Applicant

Versus

The State of Maharashtra and others .. Respondents AND CIVIL APPLICATION NO. 9252 OF 2025 IN FAST/26476/2014 Maruti Limbai Jadhav .. Applicant

Versus

The State of Maharashtra and others .. Respondents Mr. P. B. Rakhunde, Advocate for the Applicants. Smt. R. R. Tandale, AGP for Respondent/State. Smt. Madhubala B. Gangwal , Advocate for Respondent No. 2.

2 31-CA 9250-2025.odt CORAM : KISHORE C. SANT, J.

DATE : 19th SEPTEMBER, 2025.

PER COURT :- .

The learned advocate Mr. Rakhunde for the applicants informs that, in other four reference the original claimants have already withdrawn the amount deposited with the learned Reference Court. It is only in these three matters the amount is lying in the learned Reference Court. The learned Trial Court has taken a plausible and reasonable view. Prima facie, on merits, there is no case made out.

2.

The learned advocate Smt. Gangwal for the acquiring body does not dispute the said position.

3.

This Court also finds that, keeping the amount idle in the learned Reference Court is not in the interest of any of the parties. Considering all above, this Court is inclined to allow the applications.

4.

The civil applications stand allowed.

5.

The original claimants - applicants are permitted to

3 31-CA 9250-2025.odt withdraw the amount lying with the learned Reference Court along with accrued interest, if any, on furnishing usual undertaking before the learned Reference Court. 6.

With this, civil applications stand disposed of. 7.

Civil Application Nos. 13301/2014 and 13302/2014 are wrongly tagged with the present applications. The same be detagged. ( KISHORE C. SANT, J. ) P.S.B.