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Bombay High CourtCA/10709/2025admittedallowedgrantedrule absolute

Hariba Abaji Shinde Died Through Lrs Sahebrao Hariba Shinde v. The State Of Maharashtra Through The Collector At Osmanabad

2025-10-03Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 933-CA-10709-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 10709 OF 2025 IN FA/2662/2025 Hariba Abaji Shinde Died Through Lrs Sahebrao Hariba Shinde

VERSUS

The State Of Maharashtra Through The Collector At Osmanabad ...

Mr. Abhijit S. More, Advocate for Applicant.

Smt. R. R. Tandale, AGP for Respondent-State. CORAM : KISHORE C. SANT, J.

DATE : 3rd 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-acquiring body in the office of this Court alongwith accrued interest.

3.

The learned Advocate for the applicant submits that the impugned judgment and award is passed by placing reliance of the judgment and award in LAR No.242/2014 wherein rate of Rs.22,500/- per R is granted. From the said LAR, no appeal is filed. Only the appellants have Ethape

( 2 ) 933-CA-10709-2025 filed the appeal only selective manner, challenging certain awards. He submits that the entire amount be allowed to be withdrawn. 4.

The learned AGP opposed the application.

5.

Considering above, application stands allowed. 6.

The applicant is permitted to withdraw 50% of the amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking.

7.

25% of the amount alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

8.

Remaining amount be kept in a fixed deposit in any nationalized bank till the disposal of the appeal.

9.

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