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Bombay High CourtCA/13706/2025admittedallowedgrantedrule absolute

Mohan Ananda Waghode And ORS. v. The Collector Jalgaon Jalgaon And ORS.

2025-12-12Hon'Ble Shri Justice N. B. Suryawanshi,Hon'Ble Justice Vaishali Patil-Jadhav2 pages

2025:BHC-AUG:35148-DB {1} 917.1-CA-13706-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13706 OF 2025 IN FA/1377/2021 Mohan Ananda Waghode And Others .....Applicants

VERSUS

The Collector Jalgaon And Others .....Respondents .....

Ms. Sakshi Kale h/f Mr. A.B. Kale, Advocate for Applicants Mr. N.D. Batule, AGP for State Mr. A.D. Pawar, Advocate for respondent No. 2 and 3 .......

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

DATE : 12th DECEMBER, 2025 ORDER :

1.

This application is filed for withdrawal of 25% amount of compensation on the ground of parity.

2.

Reliance is placed on the order dated 18.10.2024 passed in Civil Application No. 8263 of 2023 in First Appeal Stamp No. 5845/2020 and connected matters, by which the claimants in the same acquisition were permitted to withdraw 25% of the amount deposited by the acquiring body.

3.

Learned advocate for the applicants submits that there are six main claimants and others are their family members/heirs, Bhagyawant Punde

{2} 917.1-CA-13706-2025 therefore, amounts be deposited in the name of six main claimants i.e. Mohan Ananda Waghode (Applicant No. 1), Mohit Subhash Waghode (Waghulade) (Applicant No. 2.1B), Vivek Premchand Waghode (Applicant No. 3.2), Mahendra Nilkanth Waghode (Applicant No. 4.1), Charulata Prakash Waghode (Applicant No. 5.1A) and Bhaskar Ananda Waghode (Applicant No. 6).

4.

In view of above and for the reasons stated in the application, the same is allowed in terms of prayer clause 'B'. 5.

Applicants shall furnish the undertaking affidavit before this Court stating the amounts to be deposited in the accounts of six main claimants and from that the same will be distributed to the remaining family members/claimants. The applicants shall also give calculations/apportionment of the amounts to be deposited in the accounts of six claimants. The undertaking shall be verified before learned Registrar (Judicial).

6.

Stand over to 16.01.2025.

(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde