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Bombay High CourtWP/10280/2025disposed off

Bali Dajiram Sathe v. The State Of Maharashtra And Others

2025-08-19Hon'Ble Shri Justice R. M. Joshi2 pages

- 1 - WP10280.25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10280 OF 2025 Bali Dajiram Sathe ....Petitioner

VERSUS

The State of Maharashtra & others .....Respondents .....

Mr. A. S. More, Advocate for the Petitioner.

Mr. A. R. Devkate, Advocate for Respondent Nos. 4A to 4C. CORAM : R. M. JOSHI, J.

DATE : 19th AUGUST, 2025.

PER COURT :

1.

During the course of hearing, learned counsel for Respondent Nos. 4A to 4C, without prejudice to his submissions of being entitled for the entire amount of compensation as directed by the Execution Court, makes a statement that at the most sum of Rs.2,12,587/- as claimed by the Petitioner/Plaintiff in Special Civil Suit No. 10/2011 (Old No. 35/2008) can be withheld. He, therefore, seeks permission to withdraw rest of the amount as directed by the Execution Court.

2.

Learned counsel for Petitioner, on instructions, records no objection for the same.

- 2 - WP10280.25.odt 3.

In view of the above, Petition is partly allowed. Impugned order is set aside to the extent of sum of Rs. 2,12,587/-. This amount be kept in fixed deposit which would be subject to the outcome of the suit. Respondent Nos. 4A to 4C are permitted to withdraw sum of Rs. 6,37,761/- along with interest accrued. 4.

Petition is disposed of in above terms.

( R. M. JOSHI) Judge dyb