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Bombay High CourtCA/10050/2025admittedallowedgrantedrule absolute

Bhaskar Sundarrao Ghare Died Through Lrs Nandabai And Others v. The Executive Engineer, M.I.W. (Lmi) Division, Jalna

2025-09-19Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:25647 1 34-CA 10050-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10050 OF 2025 IN FA/1911/2016 Bhaskar Sundarrao Ghare Died Through L.Rs. Nandabai Bhaskar Ghare And Others .. Applicants

Versus

The Executive Engineer, M.I.W. (LMI) Division, Jalna and others .. Respondents Mr. Deepak M. Kakade, Advocate for the Applicants. Smt. R. R. Tandale, AGP for Respondent Nos. 2 & 3. CORAM : KISHORE C. SANT, J.

DATE : 19th SEPTEMBER, 2025.

PER COURT :- .

This application is filed by the heirs of one Bhaskar Sundarrao Ghare - original claimant - respondent in First Appeal No. 1911/2016. This Court by way of common judgment and order disposed of the said appeal. When the appeal was disposed of the learned advocate for the applicants was unaware that deceased Bhaskar died on 06.01.2020 and therefore, no steps could be taken at that time. After passing of the judgment and order, when the order was communicated, it is at that time the

2 34-CA 10050-2025.odt heirs of original claimant came to know about the judgment and order. It is thereafter they approached the learned advocate. Along with application, heirship certificate issued by the learned Civil Judge Junior Division, Mantha is also annexed. The applicants have approached this Court seeking permission to withdraw the amount of compensation deposited in the this Court by the respondents - original appellants.

2.

The learned A.G.P. accepts that the amount is already deposited in the office of this Court.

3.

Considering that the amount is now deposited in this Court, the applicants are permitted to withdraw the said amount along with accrued interest.

4.

With this, the civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.