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Bombay High CourtCA/3451/2025admittedallowedgrantedrule absolute

Vishwanath Babanna Teli v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

2025-03-28Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:9395 1 935(i).CA.-3448-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3448 OF 2025 IN FA/3391/2015 SHAMRAO TUKARAM YEDAKE DEAD THR LRS MARUTI DIED THR. LRS SARUBAI MARUTI YEDKE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND OTHERS AND CIVIL APPLICATION NO. 3450 OF 2025 IN FA/3390/2015 RAOSAHEB KISHNAR SURYAWANSHI

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS AND CIVIL APPLICATION NO. 3451 OF 2025 IN FA/3392/2015 VISHWANATH BABANNA TELI

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicants : Mrs. Laxmi R. Thakur h/f Mr. L.C. patil AGP for Respondent No.1 & 2 : Mr. S.M. Ganachari Advocate for Respondent No.3 : Mr. Arjun R. Lukhe h/f Mr. A.S. Shelke ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 28th MARCH 2025 PER COURT :

1.

These applications are for withdrawal of amount which is

2 935(i).CA.-3448-2025.doc deposited by the Respondent/Acquiring Body. It is informed that an amount of Rs.24,74,125/- in all is deposited in these three appeals. Learned Counsel for the Applicants submits that in similar situated matters, the claimants-Applicants were permitted to withdraw the amount vide order dated 23.01.2025 passed in Civil Application No.974/2025 in First Appeal No.2461/2019.

2.

I have gone through the order dated 23.01.2025. I also adopt the same course for permitting the Applicants to withdraw the amount. The Applicants are entitled to withdraw 50% of the amount deposited in this Court on furnishing usual undertaking and 15% on furnishing solvent surety and the balance amount be deposited in fixed deposit in any nationalized bank till disposal of the appeals. 3.

The Civil Applications are allowed in following terms : (i) The Applicants shall withdraw 50% of the amount, deposited in respective First Appeals, on furnishing usual undertaking and 15% on furnishing solvent surety.

(ii) The balance amount be deposited in fixed deposit in any nationalized bank till disposal of the appeals. SHAILESH P. BRAHME JUDGE NAJEEB..