Kusumbai Vishamber Yadav v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

1 907-CA-13557-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13557 OF 2023 IN FA/2829/2018 KUSUMBAI VISHAMBAR YADAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Shaikh Shoyab AGP for Respondents - State : Mr. S.S. Dande ...

CORAM : KISHORE. C. SANT, J.

DATE : 07th NOVEMBER, 2023 PER COURT :

1.

This application is filed by the original claimant/ respondent in first appeal for withdrawal of the amount. The acquiring body has already deposited the amount in this Court. 2.

This Court, today, by a separate order has also granted stay to the effect, execution and operation of the impugned judgment and order.

3.

Considering that the amount is already deposited, the application is partly allowed. Applicant/claimant is hereby permitted to withdraw 50% of the amount deposited by acquiring body, by furnishing usual undertaking. Remaining 25% amount shall be withdrawn by applicant by giving solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court and SVH

2 907-CA-13557-23.odt remaining 25% amount shall be kept in fixed deposit in any nationalized bank, to be renewed at regular intervals, till final decision of the appeal.

(KISHORE. C. SANT, J.) SVH