Dnyaneshwar Rajendra Gaikwad Minor Under Guardian Of Kamalbai Rajendra Gaikwad v. The State Of Maharashtra Through The Collector Osmanabad

2025:BHC-AUG:37342 1 31 ca 14040.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14040 OF 2025 IN FIRST APPEAL NO. 579 OF 2025 Dnyaneshwar Rajendra Gaikwad Minor under guardian of Kamalbai Rajendra Gaikwad .. Applicant

Versus

The State of Maharashtra through Collector, Osmanabad and others .. Respondents Shri Vikas S. Tanwade, Advocate for the Applicant. Shri N. R. Dayma, A.G.P. for the Respondent No. 1. Mrs. Sunita D. Shelke, Advocate for the Respondent No. 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 23RD DECEMBER, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant prays to permit him to withdraw amount of Rs. 1,53,383/- deposited by the respondent - acquiring body. 3.

It is informed that by common judgment and order dated 06th October, 2015 passed in First Appeal No. 2575 of 2015 and other connected appeals preferred by the acquiring body were dismissed on merits. In similarly situated matters by order

2 31 ca 14040.25 dated 21st March, 2025, the claimants were permitted to receive entire amount on furnishing undertaking.

4.

I find it appropriate to permit the applicant to receive the amount with accrued interest. The civil application is allowed. The applicant is permitted to receive the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. The civil application is disposed of.

5.

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