Madhukar Apparao Ranmale. v. Executive Engineer, Osmanabad Minor Irrigation Division, Osmanabad And ORS.

2026:BHC-AUG:4112 58 CA 987 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 CIVIL APPLICATION NO. 987 OF 2026 IN FA/2757/2021 WITH CIVIL APPLICATION NO. 4060 OF 2020 IN FA/2757/2021 MADHUKAR APPARAO RANMALE.

VERSUS

EXECUTIVE ENGINEER, OSMANABAD MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.

...

Advocate for Applicant : Mr. Pooja K. Apache h/f Mr. Biradar Ramrao Dhondiram AGP for Respondent nos. 2 & 3 : Mr. N.D. Raje ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 29.01.2026 PER COURT :

Heard both sides.

2.

The applicant seeks to withdraw amount of Rs. 67,45,730/-. It is submitted that 75% of the amount is deposited by the respondent-Acquiring Body in pursuance of orders of this Court. For the reasons stated in the application, the amount is sought to be withdrawn. 3.

The application is contested by the respondents. 4.

Considering the enhancement and the fact that 25% of the amount is still withheld by the respondent-Acquiring Body, I think it proper to disburse the amount on furnishing undertaking.

5.

The Civil Application is partly allowed permitting the applicant to receive the amount deposited by the respondent acquiring body with 1/2

58 CA 987 26.odt accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

FIRST APPEAL :

6.

Admit. Learned counsel Ms. Apache h/f Mr. Biradar learned counsel, waives service for the respondent no. 1/claimant. Learned A.G.P. waives service for respondent nos. 2 and 3.

7.

Call for record and proceedings.

8.

Print is dispensed with.

( SHAILESH P. BRAHME, J.) mkd/- 2/2