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Bombay High CourtCA/13212/2025admittedallowedgrantedrule absolute

Gundaji Shrirang Mane Died His Lrs. v. The Executive Engineer

2025-12-03Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:33630 ( 1 ) 22 CA 13212 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 13212 OF 2025 IN FA/563/2025 GUNDAJI SHRIRANG MANE DIED HIS LRS.

VERSUS

THE EXECUTIVE ENGINEER AND OTHERS ...

Ms. Aditi Yenegure a/w. Mr. A. P. Yenegure, Advocate for Applicants Mrs. M. N. Ghanekar, AGP for Respondents-State Ms. Sunita D. Shelke, Advocate for Respondent No.1 WITH CIVIL APPLICATION NO. 11152 OF 2024 IN FA/563/2025 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT, MAJBUTIKARN DIVISION, OMERGA AND ORS

VERSUS

GUNDAJI SHRIRANG MANE DIED THR HIS LRS SHRINIWAS GUNDERAO ALISE GUNDAJI MANE AND ORS ...

Shelke Sunita Dashrathrao, Advocate for Applicant No.1 Ms. Aditi Yenegure a/w. Mr. A. P. Yenegure, Advocate for Respondents ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.12.2025 PER COURT :- CIVIL APPLICATION NO. 13212 OF 2025 .

Heard both sides.

( 2 ) 22 CA 13212 OF 2025 2.

Applicants are seeking withdrawal of amount of Rs. 57,33,787/- deposited by the acquiring body. The acquiring body has deposited entire amount. The interest of justice would be subserved by permitting the applicants to receive 75% of the deposited amount on certain conditions. 3.

Civil Application is allowed partly permitting the applicants to receive 75% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) of this Court and the balance amount shall be invested in a nationalized bank. 4.

If the applicants tender a consent letter or affidavit of other claimants for having no objection to disburse the amount in the name of applicant no.3 - Dhondiram Shrirang Mane, the amount shall be disbursed in his name.

CIVIL APPLICATION NO. 11152 OF 2024 .

As the entire amount is deposited by the acquiring body, ad-interim stay granted earlier shall stand confirmed. 2.

Civil Application is disposed of.

( SHAILESH P. BRAHME, J. ) PRW