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Bombay High CourtCA/6268/2025admittedallowedgrantedrule absolute

Tulshiram Khandu Sabne Died Thr. Lrs Datta Tulshiram Sabne And ORS v. The State Of Maharashtra Thr The Collector, Osmanabad And ANR

2025-06-20Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Y. G. Khobragade2 pages

1 918-CA-6268-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6268 OF 2025 IN FA/435/2016 WITH FIRST APPEAL NO. 435 OF 2016 TULSHIRAM KHANDU SABNE (DIED) THROUGH LRS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Manish Purushottam Tripathi, Advocate for Applicant Ms. U.S. Bhosale, AGP for Respondent/State Mr. S.S. Dande, Advocate for Respondent No.2 ...

CORAM : NITIN B. SURYAWANSHI & SANDIPKUMAR C. MORE, J.J.

DATE : 20th JUNE, 2025 PER COURT :

1.

Heard.

2.

By order dated 12/08/2021, applicants were permitted to withdraw 50% of the balance amount along with the interest accrued on furnishing undertaking and remaining amount was directed to be withdrawn on furnishing security to the satisfaction of learned Registrar (Judicial) of this Court. It appears that common order was passed in Civil Application No.6305/2020 in First Appeal No.2096/2014 along with other connected first appeals and civil applications.

3.

In the cause title of the said order Civil Application No.1077/2016 in First Appeal No.435/2016 is also mentioned. The said application is filed by Yadav Khandu Sabne and Shivbai SVH

2 918-CA-6268-25.odt Tatyarao Katke raising the objection for withdrawal of amount by Tulshiram Khandu Sabne i.e. applicant herein. Learned advocate for applicants points out that no order was passed in this civil application. However, since common order is passed, the number of said civil application is inadvertently mentioned in the order dated 12/08/2021 and therefore, Registry is not disbursing the amount to applicants.

4.

Learned advocate for applicants undertakes to move precipe for speaking to the minutes for deletion of the said civil application number from order dated 12/08/2021. 5.

List the matter after speaking to the minutes precipe is moved and order is passed on the same.

(SANDIPKUMAR C. MORE, J.) (NITIN B. SURYAWANSHI, J.) SVH