Govindrao S/O Baburao Katare And ORS v. The Executive Engineer Majalgaon Canal Division No 10

2026:BHC-AUG:838 1 942 ca 187.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 187 OF 2026 IN FIRST APPEAL NO. 4223 OF 2023 Govindrao Baburao Katare and others .. Applicants

Versus

The Executive Engineer, Majalgaon Canal Division No. 1.

.. Respondents Shri Ramchandra J. Nirmal, Advocate for the Applicants. Shri Vinayak P. Narwade, Advocate for the Respondent No. 1. Shri S. V. Hange, A.G.P. for the Respondents/State. CORAM : SHAILESH P. BRAHME, J.

DATE : 08TH JANUARY, 2026.

FINAL ORDER :

.

Heard both sides.

2.

Applicants seek withdrawal of amount of Rs. 16,74,787/- deposited by the acquiring body. Reliance is placed on common order dated 18th December, 2024 passed in First Appeal Stamp No. 14599 of 2023 with other connected matters permitting the applicants therein to receive 75% of the amount deposited on certain conditions.

3.

Learned counsel for the respondents does not dispute the order passed in similarly situated matters.

2 942 ca 187.26 4.

For the reasons stated in the application, the civil application is allowed partly permitting the applicants to receive 50% of the amount deposited with accrued interest on furnishing undertaking and 25% of the amount deposited with accrued interest on furnishing solvent surety/security to the satisfaction of the Presiding Officer of the Reference Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

5.

Amount deposited in this Court shall be transferred to the Reference Court i. e. Civil Judge Senior Division, Parbhani. [ SHAILESH P. BRAHME J. ] bsb/Jan. 26