Sakharam S/O Janardhan Gavade And ANR. v. The State Of M Aharashtra Through The Collector Osmanabad And Others
1 13CA11673.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
13 CIVIL APPLICATION NO. 11673 OF 2025 IN FAST/21892/2019 Sakharam S/o Janardhan Gavade And Anr.
VERSUS
The State Of M Aharashtra Through The Collector Osmanabad And Others ...
Mr. Laxmikant C. Patil - Advocate for Applicant Mrs. Ashlesha S. Deshmukh - AGP for State Mr. Ranjit B. Gaikwad - Advocate for Respondent No. 3 ...
CORAM : NEERAJ P. DHOTE, J.
DATED : 3RD NOVEMBER, 2025 PER COURT : - 1.
This is an Application by the Original Claimants for withdrawal of the remaining 25% amount under the Award, deposited by the Acquiring Body with the office of this Court. 2.
The learned Advocate for the Applicants submits that, in the companion Appeals, one of which is First Appeal No. 2839 of 2021, this Court has granted similar request by order dated 8th May 2025. He submits that, similar order be passed as the Applicants are ready to furnish Solvent Surety / Security against withdrawal of the remaining amount.
3.
Learned Advocate for the Acquiring Body, though opposes the Application, does not dispute the aspect that this Court by order
2 13CA11673.2025.odt passed in companion Appeals has granted similar prayer. 4.
In view of the above undisputed aspect, the Application is allowed in terms of order dated 8th May, 2025 in Civil Application No. 4452 of 2025 in First Appeal No. 2839 of 2021, which reads as under : - "ORDER (i) The Application is allowed in terms of prayer clause 'B'. (ii) The Applicant is permitted to withdraw the remaining amount along with the interest accrued thereon, on furnishing Solvent Surety / Security / Bank Guarantee to the satisfaction of the learned Registrar (Judicial) of this Court.
(iii) Applications stands disposed off."
5.
The Application stands disposed off.
[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 04/11/2025 17:38:36