Santosh Eknath Zhalke And ORS v. The State Of Maharashtra And ANR
-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.11782 OF 2023 IN FA/2441/2023 EKNATH PUNJAJI NAWALE DEAD THR LRS.
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER .....
Advocate for Applicant : Mr. Abhijit Babanrao Kale AGP for Respondent No.1 : Mrs. Uma Bhosale Advocate for Respondent No.2 : Mr. S. V. Deshmukh .....
AND 915 CIVIL APPLICATION NO. 11784 OF 2023 IN FA/3034/2023 BABASAHEB KADUBA NAVALE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER .....
Advocate for Applicant : Mr. Abhijit Babanrao Kale AGP for Respondent No.1 : Mrs. V. S. Choudhari Advocate for Respondent No.2 : Mr. S. V. Deshmukh .....
AND 916 CIVIL APPLICATION NO. 11786 OF 2023 IN FAST/4989/2023 SANTOSH EKNATH ZHALKE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER .....
Advocate for Applicant : Mr. Abhijit Babanrao Kale AGP for Respondent No.1 : Mrs. Uma Bhosale Advocate for Respondent No.2 : Mr. S. V. Deshmukh .....
AND
-2917 CIVIL APPLICATION NO. 11821 OF 2023 IN FAST/4815/2023 GAJANAN CHANGANRAO SOLANKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER .....
Advocate for Applicant : Mr. Abhijit Babanrao Kale AGP for Respondent No.1 : Mrs. Uma Bhosale Advocate for Respondent No.2 : Mr. S. V. Deshmukh .....
CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.
DATED : 20th DECEMBER, 2023 PER COURT :
1.
Present Civil Applications are filed for withdrawal of the amount deposited by the acquiring body. The learned Advocate for the applicants pointed out that in connected similar matters i.e. Civil Application No.9989 of 2022 in First Appeal No.3270 of 2021 by order dated 18.08.2022 and in Civil Application No.11460 of 2023 in First Appeal (Stamp) No.27177 of 2022 along with other connected matters by order dated 12.09.2023, arising out of the same acquisition proceedings, this Court has permitted withdrawal of 75% of the amount deposited.
2.
The learned Advocate appearing for the acquiring body has also concurred to the said position.
-33.
In view of the same, the applicants are permitted to withdraw 50% of the deposited amount along with accrued interest on furnishing usual undertaking before the Registrar (Judicial) of this Court and remaining 25% of the deposited amount along with accrued interest on furnishing solvent surety. The remaining balance amount be deposited in FDR during the pendency of these appeals.
4.
The Civil Applications for withdrawal of amount are disposed of.
(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) Tandale