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Bombay High CourtCA/13552/2025admittedallowedgrantedrule absolute

Shankar Baliram Kore Died Through Mahadev Shankar Kore v. The State Of Maharashtra Through The Collector Osmanabad

2025-12-10Hon'Ble Shri Justice Shailesh P. Brahme2 pages

44-CA.13552-25 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 CIVIL APPLICATION NO. 13552 OF 2025 IN FA/803/2023 SHANKAR BALIRAM KORE DIED THROUGH MAHADEV SHANKAR KORE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 673 OF 2024 IN FA/802/2023 WITH CIVIL APPLICATION NO. 729 OF 2023 IN FA/802/2023 WITH CIVIL APPLICATION NO. 727 OF 2023 IN FA/803/2023 ...

Advocate for Applicant : Mr. Naiknavare Ramesh Vitthal, AGP for Respondent/s-State : Mr. N. R. Dayma. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 10.12.2025 PER COURT :- 1.

Applicant seeks to withdraw amount of Rs.22,46,130/- in First Appeal No.803 of 2023 and Rs.3,12,136/- in First Appeal No.802 of 2023.

2.

The acquiring body has deposited only 75% of the amount in pursuance of the orders of this Court. Both learned counsels are unanimous that in similarly situated matters, claimants were permitted to receive the amount deposited with accrued interest on furnishing undertaking.

44-CA.13552-25 & ors.odt 3.

Civil applications for withdrawal of amount are allowed partly by permitting the applicants to receive the amount with accrued interest on furnishing undertaking.

First Appeals 4.

Admit.

5.

Learned counsel Mr. Naiknavare waives service of notice for respondent/claimant.

6.

Call for Record and Proceedings from the concerned Court.

7.

Print is dispensed with.

Civil Applications for Stay 8.

As the amount deposited in pursuance of the orders of this Court, ad-interim relief granted earlier shall stand confirmed.

9.

Civil applications are disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-