Shalan Shivaji Hodade And ORS v. The Ex. Engineer, Medium Project Osmanabad Division, Osmanabad

2026:BHC-AUG:2549 921-CA-13158-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13158 OF 2025 IN FIRST APPEAL NO. 664 OF 2020 Shalan Shivaji Hodade and Others ..APPLICANTS

VERSUS

The Executive Engineer, Medium Project, Osmanabad and Another ..RESPONDENTS ....

Mr. S.A. Wakure, Advocate for applicants Ms. S.D. Shelke, Advocate for respondent no.1 Mr. V.S. Badakh, A.G.P. for respondent no.2 - State ....

CORAM : RAJNISH R. VYAS, J.

DATE : 20th JANUARY, 2026 PER COURT :

.

This Court, vide order dated 07th February, 2025 has allowed Civil Application No. 1387 of 2025 for withdrawal of entire amount of compensation, which was deposited by the acquiring body, to the tune of 75% alongwith proportionate interest accrued thereon on usual undertaking to the satisfaction of Registrar (Judicial) of this Court. Now the present application is preferred by the claimants to withdraw their share by filing independent undertaking.

2.

According to learned counsel for the applicants, Applicant No.1 - Shalan and Applicant No.2 Rambhau are not responding and are not ready to 1 / 2

921-CA-13158-25.odt file the undertaking. He, therefore, requests this Court to permit him to delete the aforesaid persons from array of the application. 3.

Permission is granted. Applicant No.1 - Shalan Shivaji Hodade and Applicant No.2 - Rambhau Pandhari Hodade be deleted from the array of applicants. Amendment be carried out within one week. 4.

So far as request made by Applicant No.3 - Sukhadeo Pandhari Hodade and Applicant No.4 - Changdeo Pandhari Hodade is concerned, this Court vide order dated 07th February, 2025 has already allowed the application for withdrawal of amount.

5.

In that view of the matter, Applicant No.3 - Sukhadeo Pandhari Hodade and Applicant No.4 - Changdeo Pandhari Hodade are permitted to withdraw their proportionate share on furnishing usual undertaking as per order dated 07th February, 2025 while deciding Civil Application No. 1387 of 2025. Civil application stands disposed of accordingly. ( RAJNISH R. VYAS, J. ) SSD 2 / 2