Kesharbai W/O Abaji Mastsagar Died Thr Lrs Laxman And ANR v. The State Of Maharashtra, Through The Collector And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 11251 OF 2025 IN FA/551/2025 Kesharbai W/o Abaji Mastsagar Died Thr Lrs Laxman And Anr

VERSUS

The State Of Maharashtra, Through The Collector And Ors. WITH CIVIL APPLICATION NO. 11833 OF 2024 IN FA/551/2025 ...

Mr. Laxmikant C. Patil, Advocate for Applicant. Smt. Chaitali Chaudhari-Kutti, AGP for Respondent-State. Mr. G. S. Khaire h/f Mr. S. S. Dande, Advocate for Respondent No.2. CORAM : KISHORE C. SANT, J.

DATE : 10th OCTOBER 2025.

PC :- 1.

Heard the learned Advocates for the parties.

2.

This application is filed for withdrawal of the amount deposited by the appellant in the office of this Court.

3.

The learned Advocate for the applicant relies upon the order dated 9th July 2025 passed by this Court in CA/6848/2025 in First Appeal No.1611/2022.

( 2 ) 4.

Considering above, following order:

ORDER

(i) Civil Application stands allowed.

(ii) The applicants/claimants are permitted to withdraw 50% of the amount deposited in the office of this Court alongwith accrued interest on condition that they shall co-operate in measurement and demarcation of their acquired lands. (iii) Out of 50%, the 25% of amount deposited in the office of this Court alongwith accrued interest is allowed to be withdrawn on furnishing usual undertaking.

(iv) Further 25% of the amount alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(v) Remaining 50% of the amount be kept in fixed deposit in any nationalized bank till final disposal of the first appeal. (vi) With this, civil application stands disposed off.

( 3 ) STAY APPLICATIONS 5.

Since the appellant has already deposited the entire amount in the office of this Court, there shall be stay to the impugned judgment and award till final disposal of the first appeal. 6.

With this, civil application for stay stands disposed off. [KISHORE C. SANT, J.]