Sambhaji Madhavrao Kapase v. The State Of Maharashtra Through The Collector And Others

1 33CA12660.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

33 CIVIL APPLICATION NO. 12660 OF 2025 IN FA/3464/2016 Kantu Malhari Kambale And Ors

VERSUS

The State Of Maharashtra Through The Collector And Others ...

Mr. Laxmikant C. Patil - Advocate for Applicants Mr. A. D. Wange - AGP for State Mr. Umesh S. Mitkari h/f Mr. Mukul S. Kulkarni - Advocate for Respondent No. 3 ...

AND CIVIL APPLICATION NO. 12659 OF 2025 IN FA/3465/2016 CIVIL APPLICATION NO. 12657 OF 2025 IN FA/3467/2016 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 15TH DECEMBER, 2025 PER COURT : - 1.

These are the three Applications for withdrawal of the remaining 25% amount deposited by the Respondent No. 3 - Acquiring Body in this Court.

2.

Heard the learned Advocate for the Applicants and the learned Advocate for the Acquiring Body.

3.

My attention is invited to the order dated 12.11.2025 passed in Civil Application No. 12277 of 2025 in First Appeal No. 2541 of 2016 and two more connected Appeals arising out of the same

2 33CA12660.2025.odt acquisition proceedings, whereby the Claimants therein who are similarly placed as that of the present Applicants, were permitted to withdraw the remaining 25% amount on furnishing solvent security / surety. Both the sides submit that, identical order be passed. Hence, I pass the following order: -

ORDER

[i] All the three Civil Applications are allowed in terms of prayer clause "B" thereof, subject to the condition that the Applicant/s shall furnish solvent surety / security against the withdrawal of the amount to the satisfaction of the learned Registrar (Judicial) of this Court.

[ii] The Civil Applications are disposed off accordingly. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 16/12/2025 17:30:32