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Bombay High CourtCA/417/2026admittedallowedgrantedrule absolute

Bhaskar Shrirang Bhojane Died Through Lrs Sangita Bhaskar Bhojane Thr Lrs Avinash Bhaskar Bhojane v. The State Of Maharashtra Through The Collector Osmanabad

2026-01-13Hon'Ble Shri Justice Shailesh P. Brahme2 pages

39-CA.417-26 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CIVIL APPLICATION NO. 417 OF 2026 IN FA/3100/2024 BHASKAR SHRIRANG BHOJANE DIED THROUGH LRS SANGITA BHASKAR BHOJANE THR LRS AVINASH BHASKAR BHOJANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 465 OF 2026 IN FA/3100/2024 ...

Advocate for Applicant : Ms. L. R. Thakur h/f Mr. Patil L. C. AGP for Respondent/s-State : Mr. S. N. Morampalle. Advocate for Respondent No.3 : Ms. Sunita D. Shelke. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.01.2026 PER COURT :- Civil Application No.465 of 2026 1.

Applicant seeks to bring legal heirs of applicant No.1 Sangita Bhaskar Bhojane on record. Applicant Nos.2 and 3 who are already on record are her heirs. The delay of 610 days shall stand condoned because it is unintentional. The cause of action survives against the legal heirs.

2.

Application is allowed in terms of prayer clauses "A to C".

39-CA.417-26 & ors.odt 3.

Necessary amendment shall be carried out.

Civil Application for Withdrawal 4.

Heard both sides.

5.

Applicants seek to withdraw amount of Rs.15,79,772/- deposited by the respondent/acquiring body. My attention is adverted to orders passed in similarly situated matters permitting the claimants to receive the amount. In similarity of the circumstances, the claimants were permitted to receive 50% of the amount on furnishing undertaking and 50% of the amount on furnishing solvent surety/security. 6.

Civil application is allowed partly permitting the applicants to receive 50% with accrued interest on furnishing undertaking and balance 50% on furnishing solvent surety/ security to the satisfaction of the Registrar (Judicial). (SHAILESH P. BRAHME, J.) ...

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