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Bombay High CourtCA/9196/2025admittedallowedgrantedrule absolute

The Executive Engineer Irrigation Department Strengthing Division Omerga District Osmanabad v. Kuber Banda Navgire Died Through Lrs Mandakini Kube Navgire And ORS

2026-05-05Hon'Ble Shri Justice Shailesh P. Brahme3 pages

1 935-CA.5194-26 (935,937,942,952).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 5194 OF 2026 IN FA/2721/2025 PAIGAMBER BASHUMIYA FAKIR SHAIKH DIED THR LRS MUKTAWAR PAIGAMBER FAKIR SHAIKH AND ORS.

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

WITH CIVIL APPLICATION NO. 9205 OF 2025 IN FA/2721/2025 AND 937 CIVIL APPLICATION NO. 5214 OF 2026 IN FA/2722/2025 VITHOBA DATTU NAVGIRE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 9213 OF 2025 IN FA/2722/2025 AND 942 CIVIL APPLICATION NO. 5253 OF 2026 IN FA/2729/2025 NILAWATI PRAKASH DALVI AND ORS.

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

AND 952 CIVIL APPLICATION NO. 5327 OF 2026 IN FA/2728/2025 KUBER BANDA NAVGIRE DIED THR LRS MANDAKINI KUBER NAVGIRE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 9196 OF 2025 IN FA/2728/2025

2 935-CA.5194-26 (935,937,942,952).odt ...

Advocate for Applicants : Ms. L. R. Thakur h/f Mr. Patil Laxmikant C.

AGPs for Respondent/s-State : Mr. S. V. Hange, Ms. P. V. Diggikar, Mr. C. V. Bhadane, respectively.

Advocate for Respondent/Acquiring Body : Mr. M. S. Kulkarni. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to withdraw amount of Rs.33,18,358/-, Rs.12,30,788/-, Rs.4,10,515/- and Rs.25,51,418/- in respective appeals deposited by the respondent/acquiring body. 3.

In similarly situated matters, this Court permitted the claimants to receive 75% of the amount with accrued interest on furnishing undertaking. I propose to follow the same course.

4.

Civil applications are allowed partly permitting the applicants to receive 75% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

Balance amount shall be invested in any nationalize bank, if any.

3 935-CA.5194-26 (935,937,942,952).odt Civil Applications for Stay 6.

As the amount has been deposited in pursuance of the orders passed by this Court, ad-interim relief shall stand confirmed.

7.

Civil applications are disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-