Devkabai Shivraj Chavan (Died) Thr. Shivraj (Died) Thr. Suresh Shivaraj Chavanand ANR v. The Ex Engineer Minor Irrigation Division No 1 Auran Gabad Thr G M I D C Aurangabad

2026:BHC-AUG:18859

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

941 CIVIL APPLICATION NO.457 OF 2026 IN FA/525/2020 Devkabai Shivraj Chavan (died) Thr. Shivraj (died) Thr. Suresh Shivaraj Chavan and Anr ....Applicants

Versus

The Ex Engineer Minor Irrigation Division No 1 Aurangabad Thr G M I D C Aurangabad .....Respondent .....

Shri. D. A. Bide, Advocate for Applicants Shri. S. M. Ganachari, AGP for Respondent - State. Shri. P. G. Tambade h/f. Shri. S. G. Bhalerao, Advocate for Respondent No.1 .....

CORAM :

NEERAJ P. DHOTE, J.

Dated :

APRIL 24, 2026 PER COURT :- .

Leave to amend. Amendment be carried out forthwith. 2.

According to learned Advocate for the Applicants, Applicant Nos.1B to 1E are the only surviving legal heirs of Deceased Applicant No.1A.

3.

This is the Application in the disposed of First Appeal No.525 of 2020. There is no dispute that the said Appeal filed by the Acquiring Body has been finally disposed of by the Judgment and Order dated 17.10.2025. Since there are no directions for withdrawal of the amount, this Application is filed by the Claimants for withdrawal of the amount

deposited by the Acquiring Body, along with the interest accrued thereon.

4.

After hearing both the sides and taking into consideration that similarly placed Claimants are permitted to withdraw the amount by order dated 20.11.2025 in Civil Application No.12636 of 2025 in First Appeal No.527 of 2020 and connected Appeals, the Application is allowed in terms of prayer clauses 'C', 'D' and 'E'. The dealy caused of 1039 days in filing the Application is condoned. Application stands disposed of.

( NEERAJ P. DHOTE, J. ) GGP