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Bombay High CourtCA/13468/2025admittedallowedgrantedrule absolute

Bhiru Limbraj Salunke Died Through His Lrs Sakharbai Bhairu Salunke And ORS v. The State Of Maharashtra Through Collector Osmanabad At Osmanabad And ORS

2025-12-09Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:34485 ( 1 ) 75 CA 13468 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 75 CIVIL APPLICATION NO. 13468 OF 2025 IN FA/2949/2024 BHIRU LIMBRAJ SALUNKE DIED THROUGH HIS LRS SAKHARBAI BHAIRU SALUNKE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD AND ORS ...

Mr. Madhav K. Jadhav h/f. Mr. A. S. More, Advocate for Applicants Mrs. M. N. Ghanekar, AGP for Respondents/State Mr. Mukul S. Kulkarni, Advocate for Respondent No.3 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 09.12.2025 PER COURT :- .

Heard both sides.

2.

The applicants seek to withdraw amount of Rs.1,36,423/- deposited by the respondent-acquiring body. In a similarly situated matters, this Court permitting the claimants to receive the amount deposited with accrued interest on furnishing undertaking. I propose to follow the same course.

3.

Civil Application is allowed permitting the applicants to receive the amount deposited with accrued interest on furnishing undertaking to the

( 2 ) 75 CA 13468 OF 2025 satisfaction of the learned Registrar (Judicial) of this Court. FIRST APPEAL .

Admit. The learned AGP waives service of notice for the respondent/State. Mr. Mukul S. Kulkarni, learned counsel waives service of notice for respondent no.3.

2.

Call for Record and Proceeding. Print is dispensed with. ( SHAILESH P. BRAHME, J. ) PRW