Zumbarbai W/O Pralhad Gaikwad And ORS v. The Executive Engineer, Minor Irrigation Wwrk M I Division No 1 And ORS

( 1 ) 123 CA 6481 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 123 CIVIL APPLICATION NO. 6481 OF 2025 IN FA/2371/2024 ZUMBARBAI W/O PRALHAD GAIKWAD AND ORS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION WWRK M I DIVISION NO 1 AND ORS WITH CIVIL APPLICATION NO. 11791 OF 2024 IN FA/2371/2024 SADHANA D/O RAVINDRA SALVE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION WWRK M I DIVISION NO1 AURANGABAD AND ORS ...

Mr. D. G. Kamble, Advocate for Applicants Mr. S. V. Hange, AGP for Respondent-s/State Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami, Advocate for Respondent No.1 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 05.01.2026 PER COURT :- .

Heard both sides.

2.

These are Civil Applications for withdrawal of amount. On earlier occasion, applicants were permitted to receive 50% of the amount with accrued interest on furnishing undertaking. Accordingly, the amount was

( 2 ) 123 CA 6481 OF 2025 disbursed proportionately.

3.

There are private respondents and rival claims to the compensation. Time was sought by respondent no.4 to file reply but no reply has been filed. In the wake of controversy involved in the matter, I deem it appropriate to permit the applicants to receive 50% of the balance amount with accrued interest.

4.

Civil Applications are allowed permitting the applicants to receive 50% of the balance amount with accrued interest on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The amount shall be disbursed proportionately as it was done on the earlier occasion. FIRST APPEAL 5.

Admit. Learned AGP waives service of notice for respondent-s/State. Mr. Kamble, learned counsel waives service of notice for the claimants.

6.

Call for Record and Proceeding. Print is dispensed with. ( SHAILESH P. BRAHME, J. ) PRW