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Bombay High CourtCA/10570/2025admittedallowedgrantedrule absolute

Dagdu Mahadeo Sarwade Died Through Lrs Dropatibai And Others v. M.I.D.C. Through Divisional Officer Latur And Others

2026-03-05Hon'Ble Shri Justice Kishore C. Sant , Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

2026:BHC-AUG:9441 Ethape ( 1 ) 909- CA-10570-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 10570 OF 2025 IN FA/1736/2010 Dagdu Mahadeo Sarwade Died Through Lrs Dropatibai And Others

VERSUS

M.i.d.c. Through Divisional Officer Latur And Others ...

Mr. Ravibhushan P. Adgaonkar, Advocate for Applicant. Mr. S. K. Shirse, AGP for Respondent-State.

Mr. G. S. Khaire h/f Mr. S. S. Dande, Advocate for Respondent No.1. CORAM : KISHORE C. SANT & SUSHIL M. GHODESWAR, JJ.

DATE : 5th MARCH 2026.

PC :- 1.

This application is filed by the legal heirs of the respondent/original claimant in the reference proceeding under Section 18 of the Land Acquisition Act. The original respondent/claimant died during the pendency of the appeal. In the appeal, by way of interim order, the claimant was allowed to withdraw the amount subject to furnishing bank guarantee. The application is now filed stating that since the bank guarantee furnished is in the name of deceased, the present

Ethape ( 2 ) 909- CA-10570-2025 applicant be permitted to replace the said bank guarantee in his name. The learned Advocate for the respondent has not objection. 2.

Considering above, application stands allowed. 3.

Nationalized bank guarantee furnished by the deceased be replaced by another nationalized bank guarantee in the name of present applicant. The said exercise be done within a period of four weeks from today.

4.

With this, civil application stands disposed off. [SUSHIL M. GHODESWAR, J.] [KISHORE C. SANT, J.]