Madhav Tukaram Mane L Rs Kalpanabai Shivaji Jadhav v. The Executive Engineer Medium Project Anand Nagar Osmanabad

2025:BHC-AUG:36586 1 25 ca 13795.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13795 OF 2025 IN FIRST APPEAL STAMP NO. 26870 OF 2024 Madhav Tukaram Mane since deceased through his L.Rs.

Kalpanabai Shivaji Jadhav .. Applicant

Versus

The Executive Engineer Medium Project Anand Nagar Osmanabad .. Respondent Shri Pradeep V. Ambade, Advocate for the Applicant. Shri Madhav N. Kalyane, Advocate h/f Shri Gulab B. Rajale, Advocate for the Respondent No. 1.

Shri N. R. Dayma, A.G.P. for the Respondent Nos. 2 and 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 19TH DECEMBER, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs. 25,58,927/- deposited by the respondent - acquiring body. 3.

The enhancement given by the Reference Court is just above four times. Ends of the justice would be met in permitting the applicant to receive the amount on certain conditions.

2 25 ca 13795.25 4.

The applicant is permitted to receive 75% of the amount deposited with accrued interest on furnishing undertaking and 25% of the amount deposited on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. The civil application stands disposed of. 3.

The applicant - claimant shall be at liberty to withdraw the execution petition for partial satisfaction for being satisfied partially and in that case they would be at liberty to file execution petition for remaining amount in future if so required. [ SHAILESH P. BRAHME J. ] bsb/Dec. 25