The State Of Maharashtra And ANR v. Vishnu Narayan Birajdar (Died) Thr Lrs Rukmini And ORS

2025:BHC-AUG:32925 ( 1 ) 79 CA 11068 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 79 CIVIL APPLICATION NO. 11068 OF 2025 IN FA/252/2021 VISHNU NARAYAN BIRAJDAR (DIED) THR LRS RUKMINI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Ms. L. R. Thakur h/f. Mr. L. C. Patil, Advocate for Applicants Mr. S. V. Hange, AGP for Respondents-State WITH CIVIL APPLICATION NO. 2575 OF 2019 IN FA/252/2021 THE STATE OF MAHARASHTRA AND ANR

VERSUS

VISHNU NARAYAN BIRAJDAR (DIED) THR LRS RUKMINI AND ORS ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 27.11.2025 PER COURT :- CIVIL APPLICATION NO. 11068 OF 2025 .

Applicants seek withdrawal of amount of Rs.52,12,695/- with accrued interest deposited in this Court.

2.

Learned counsel for the applicants tenders on record order dated 13.08.2024 passed by coordinate bench permitting the claimants to receive 75% of the amount on certain conditions. There is no serious dispute regarding the ground of parity.

( 2 ) 79 CA 11068 OF 2025 3.

Civil Application is partly allowed permitting the applicants to receive 50% of the amount with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) and 25% of the amount with accrued interest on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial).

4.

Balance amount shall be invested in a nationalized bank. FIRST APPEAL .

Admit.

2.

Ms. L. R. Thakur h/f. Mr. L. C. Patil, learned counsel waives service of notice for respondents/claimants.

3.

Call for Record and Proceeding. Print is dispensed with. 4.

Time of four (4) weeks is granted to carry out amendment in respect of deceased claimant Rukmini Vishnu Birajdar. CIVIL APPLICATION NO. 2575 OF 2019 .

As the entire amount is deposited in this Court, stay granted earlier shall stands confirmed.

2.

Civil Application is disposed of.

( SHAILESH P. BRAHME, J. ) PRW