The Executive Engineer, Patbandhare Project Majbutikaran Division, Omerga, Tq. Omerga, Dist. Osmana v. Babruwan Vitthal Gaikwad (Died) Through L.Rs. Vimalbai Babruwan Gaikwad And ORS.

1 933-CA.5399-26 & ors (call papers).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 5399 OF 2026 IN FAST/14587/2024 SIDHESHWAR PARANAPPA VHADLURE DIED MALLABAI SIDDESHEWAR VHADLURE DIED MAHADEO SIDHESHEWAR VHADLURE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 5363 OF 2026 IN FAST/2057/2026 WITH CIVIL APPLICATION NO. 977 OF 2026 IN FAST/2057/2026 WITH CIVIL APPLICATION NO. 5008 OF 2026 IN FAST/2061/2026 WITH CIVIL APPLICATION NO. 979 OF 2026 IN FAST/2061/2026 ...

Advocate for Applicants : Mr. Santosh N. Patne. AGP for Respondent/s-State : Mr. G. O. Wattamwar. Advocate for Respective Respondent/s : Mr. S. B. Parnere. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- Civil Application for L.Rs.

1.

Applicant seeks to condone delay in setting aside abatement and permitting the legal heirs of original claimant on record. The cause of action survives as against the legal heirs which are necessary parties. The delay is condoned,

2 933-CA.5399-26 & ors (call papers).odt abatement is set aside. Leave is granted to both parties to bring legal heirs on record.

2.

Civil application is allowed.

Civil Applications for Delay 3.

Applicants seek to condone delay in preferring appeals. 4.

For the reasons stated in the applications, the delay is condoned.

5.

Civil applications are allowed.

Civil Applications for Withdrawal 6.

Applicants seek to withdraw amount of Rs.31,04,806/- cumulatively.

7.

The deposits are 100% as per the orders of the Court. In similarly situated matters this Court permitted the claimants therein to receive 75% amount with accrued interest. I propose to follow the same course.

8.

Civil applications are partly allowed permitting the applicant Babruwan Gaikwad to receive Rs.20,48,543/- and Babu Nadaf to receive Rs.10,56,263/- with accrued interest on

3 933-CA.5399-26 & ors (call papers).odt furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

9.

Balance amount shall be invested in any nationalize bank.

(SHAILESH P. BRAHME, J.) ...

vmk/-