Keshav Dhullappa Mote Died His Lrs Kusumbai And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:30269 933-CA-11917-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 11917 OF 2025 IN FA/1992/2016 Keshav Dhullappa Mote Died His Lrs Kusumbai And Others ....Applicants

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. Patil Laxmikant C., Advocate for Applicants Mr. B. A. Shinde, AGP for the Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

04.11.2025 PER COURT :

1.

This is an Application filed by the Applicants / Original Claimants with the following prayers :

"A] This civil application may kindly be allowed. B] That, the applicants be permitted to submit fresh solvent surety / security of the like amount and discharge the earlier solvent surety furnished in Civil Application No.10834 of 2022 in First Appeal No.1992 of 2016 and for that purpose necessary directions be issued. C] Any other suitable, equitable relief to which the applicants are entitled in the peculiar facts and circumstances be granted in favour of applicant."

933-CA-11917-2025.odt 2.

The Appeal is by the State against the enhancement of compensation granted by the learned Reference Court. The Appellant has deposited the entire amount under the Award. By order dated 27/07/2022 in Civil Application No.10834/2022, this Court permitted the Claimants to withdraw the entire amount, out of which 50% was permitted to be withdrawn on furnishing an undertaking and 50% amount on furnishing solvent surety to the satisfaction of the Registrar [Judicial]. 3.

Now, the Applicants, for the reasons mentioned in the Application, seek to replace the solvent surety / security. The same is permitted, only after the fresh solvent surety / security is submitted by the Claimants to the satisfaction of the learned Registrar [Judicial] of this Court and the same is accepted. Upon such acceptance, the earlier solvent surety / security shall stand discharged.

4.

Application stands disposed off accordingly.

[NEERAJ P. DHOTE, J.] Sameer/November-2025