The State Of Maharashtra, Thr. Collector, Nagpur And 2 Others v. Shri Dadaji Kashinath Mahakulkar (D) Thr. Lrs. Smt. Sulochana Wd/O Dadaji Mahakulkar And Others

2026:BHC-NAG:200 1 35.caf.218.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 218/2026 IN FIRST APPEAL NO. 27/2016 The State of Maharashtra and Ors.

Vs.

Dadaji Kashinath Mahakulkar (dead) through LRs. ................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. U. Phasate, A.G.P. for Appellants/Applicant-State. Mr. M. A. Kadu, Advocate for Appellant/Applicant No.3. Ms Rajkumari Rai, Advocate for Respondent/Non-applicant Nos.1 to 8. CORAM :

NEERAJ P. DHOTE, J.

DATED :

08.01.2026 1.

This is an application for withdrawal of 50% remaining amount deposited by the Acquiring Body. 2.

Heard learned Advocate for the applicant and learned Advocate for the Acquiring Body.

3.

There is no dispute that the appeal preferred by the Acquiring Body is finally disposed of. Subsequently, remaining 50% amount is deposited by the Acquiring Body in this Court. It is not in dispute that initially 50% amount under the award deposited by the Acquiring Body was allowed to be withdrawn by the Power of Attorney holder of the applicant i.e. respondent no.4.

4.

In view of undisputed aspects, the application is allowed in terms of prayer clause (i).

5.

Necessary formalities be undertaken before the Registrar (Judicial).

(NEERAJ P. DHOTE, J) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 08/01/2026 17:19:49