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Bombay High CourtCA/7044/2025admittedallowedgrantedrule absolute

Gangadhar Sabaji Shevale Died Thr Lrs Mandabai And ORS v. The State Of Maharashtra And ANR

2026-05-06Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2026:BHC-AUG:20351 957-ca-7044-2025.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7044 OF 2025 IN FAST/20553/2017 Gangadhar Sabaji Shevale Died Thr Lrs Mandabai And Ors

VERSUS

The State Of Maharashtra And Anr ...

Advocate for Applicant : Mr. Jayabhar Shubham Dattatrya AGP for Respondent/State : Mr. S.D. Ghayal WITH CIVIL APPLICATION NO. 13352 OF 2017 IN FAST/20572/2017 WITH CIVIL APPLICATION NO. 13345 OF 2017 IN FAST/20553/2017 WITH CIVIL APPLICATION NO. 13346 OF 2017 IN FAST/20553/2017 WITH CIVIL APPLICATION NO. 13353 OF 2017 IN FAST/20572/2017 ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : MAY 06, 2026 PER COURT :- 1.

By this application, present applicants are seeking permission to withdraw amount of Rs.4,32,626/- deposited in LRD No.124/2016.

2.

Mr. Jayabhar, learned advocate appearing for applicants points out that similarly situated claimants like applicants are permitted to withdraw compensation amount by order dated 05.04.2019 passed by Executing Court in LRD No.125/2016. 3.

In light of aforesaid submissions, application is allowed in terms of prayer clause (B), subject to condition that applicants file undertaking to this Court that they shall redeposit amount in case adverse order is passed in pending appeal. Such an undertaking be filed to this Court within a period of eight weeks from today.

957-ca-7044-2025.odt (2) 4.

On aforesaid compliance, Executing Court shall release amount in favour of applicants. The applicants shall be at liberty to seek correction of name of claimants which according to them is wrongly mentioned in order.

In Civil Applications for Delay :

5.

Heard learned advocate appearing for applicants. 6.

Perused reasons stated in applications. Case is made out to condone delay caused in filing appeal.

7.

In result, civil applications for delay are allowed. The delay caused in filing appeals is condoned.

In Civil Applications for Stay :

8.

Since awarded amount is deposited with Executing Court, civil applications for stay stand disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//