Sojarbai Bodha Shinde And ANR v. The State Of Maharashtra Through Collector Osmanabad At Osmanabad And ORS

2025:BHC-AUG:37346 1 28 to 30 ca 5298.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO. 5298 OF 2025 IN FIRST APPEAL STAMP NO. 32909 OF 2023 Jalindhar Bapu Padulkar since deceased through his L.Rs.

Rajabhau Jalindhar Padulkar and another.. Applicants

Versus

The State of Maharashtra through Collector, Osmanabad and others .. Respondents WITH CIVIL APPLICATION NO. 5297 OF 2025 IN FIRST APPEAL STAMP NO. 32905 OF 2023 Sojrbai Bodha Shinde and another .. Applicants

Versus

The State of Maharashtra through Collector, Osmanabad and others .. Respondents Shri Madhav K. Jadhav, Advocate h/f shri Abhijit S. More, Advocate for the Applicants in both matters.

Shri N. R. Dayma, A.G.P. for the Respondent Nos. 1 and 2 in both matters.

Shri R. K. Ingole, Advocate for the Respondent No. 3 in both matters.

AND 29 CIVIL APPLICATION NO. 5300 OF 2025 IN FIRST APPEAL STAMP NO. 32839 OF 2023 Manik Narhari Takale .. Applicant

Versus

The State of Maharashtra through Collector, Osmanabad and others .. Respondents

2 28 to 30 ca 5298.25 WITH CIVIL APPLICATION NO. 5299 OF 2025 IN FIRST APPEAL STAMP NO. 32835 OF 2023 Sandipan Maldeo Padule .. Applicant

Versus

The State of Maharashtra through Collector, Osmanabad and others .. Respondents Shri Madhav K. Jadhav, Advocate h/f shri Abhijit S. More, Advocate for the Applicants in both matters.

Mrs. M. N. Ghanekar, A.G.P. for the Respondent Nos. 1 and 2 in both matters.

Shri R. K. Ingole, Advocate for the Respondent No. 3 in both matters.

AND 30 CIVIL APPLICATION NO. 13915 OF 2025 IN FIRST APPEAL STAMP NO. 21456 OF 2024 Uddhav Eknath Sabale and others .. Applicants

Versus

The State of Maharashtra through Collector, Osmanabad and others .. Respondents Shri Madhav K. Jadhav, Advocate h/f shri Abhijit S. More, Advocate for the Applicants.

Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2. Shri R. A. Tambe, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 23RD DECEMBER, 2025.

FINAL ORDER :

.

Heard both sides.

3 28 to 30 ca 5298.25 2.

Applicants are seeking withdrawal of amount deposited by the respondent - acquiring body. My attention is adverted to the earlier orders passed by this Court in permitting the withdrawal. In the present matters in pursuance of the order passed by this Court, the acquiring body has deposited 75% of the amount of compensation with accrued interest.

3.

Already 25% of the compensation amount is secured of the acquiring body. I find no difficulty in permitting the applicants to receive the amount with accrued interest on certain conditions.

4.

The civil applications are allowed partly. The applicants are permitted to receive 75% of the amount deposited with accrued interest on furnishing undertaking. The applicants are also permitted to receive balance 25% of the amount deposited with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. The civil application is disposed of.

5.

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