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Bombay High CourtCA/819/2026admittedallowedgrantedrule absolute

Aba Nagu Madake Died Through Lrs Kashibai And ORS. v. The State Of Maharashtra, Through The Collector,Osmanabad And ORS.

2026-01-20Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:2214 1 45 ca 819.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 819 OF 2026 IN FIRST APPEAL NO. 3349 OF 2021 Aba Nagu Madke Since deceased through his L.Rs.

Kashibai Aba Madake and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Ms. Mrunal Andhare, Advocate h/f Shri Ajeet B. Kale, Advocate for the Applicants.

Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 3. Mrs. Vaishali S. Swami, Advocate h/f Shri M. C. Swami, Advocate for the Respondent No. 2.

CORAM : SHAILESH P. BRAHME, J.

DATE : 20TH JANUARY, 2026.

FINAL ORDER :

.

Applicants seek to withdraw an amount of Rs. 8,22,044/- deposited by the respondent - acquiring body. 2.

In the similarly circumstanced matters the claimants were permitted to receive 60% of the amount deposited with accrued interest. I follow the same course.

3.

The civil application is allowed partly. The applicants are permitted to withdraw 60% of the amount deposited with accrued

2 45 ca 819.26 interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Jan. 26