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Bombay High CourtCA/10290/2024admittedallowedgrantedrule absolute

The Executive Engineer Irrigation Department Strengthening Division Omerga v. Sugriv Digambar Godse And ORS

2025-12-18Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:36706 63-CA.13788-25+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 63 CIVIL APPLICATION NO. 13788 OF 2025 IN FA/2521/2024 SUGRIV DIGAMBAR GODASE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 10290 OF 2024 IN FA/2521/2024 ...

Advocate for Applicant : Ms. L. R. Thakur h/f Mr. Patil Laxmikant C.

AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respondent No.3 : Mr. A. S. Shelke. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 18.12..2025 PER COURT :- 1.

Heard learned counsels for the respective parties. 2.

Applicant seeks to withdraw amount of Rs.83,99,685/- deposited by the acquiring body which is the entire amount of compensation with accrued interest. Applicant is relying upon order dated 23.06.2025 passed in similar circumstances permitting those claimants to receive 75% of the amount with accrued interest. I find it fit to permit the applicant to receive 75%.

63-CA.13788-25+1.odt 3.

Civil application is allowed partly permitting the applicant to receive 75% of the amount with accrued interest on furnishing undertaking and balance amount of 25% shall be invested in any nationalized bank.

4.

The claimant shall be at liberty to withdraw the execution petition for partial satisfaction for being satisfied partially and in that case they would be at liberty to file execution for remaining amount in future, if so required. In Civil Application (Stay) 5.

As the entire amount is deposited, ad-interim relief granted earlier, if any, shall stand confirm. 6.

Civil application for stay is disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-