Aruna Narayan Kale. v. The Executive Engineer, Irrigation Department, Osmanabad And ORS.

2026:BHC-AUG:3742 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 CIVIL APPLICATION NO. 990 OF 2026 IN FA/2902/2023 ARUNA NARAYAN KALE.

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OSMANABAD AND ORS.

WITH CIVIL APPLICATION NO. 16063 OF 2022 IN FA/2902/2023 THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS

VERSUS

ARUNA NARAYAN KALE WITH CIVIL APPLICATION NO. 16061 OF 2022 IN FA/2899/2023 THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS

VERSUS

VYANKATRAO NIVRUTI KAWADE WITH CIVIL APPLICATION NO. 16070 OF 2022 IN FA/2901/2023 THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS

VERSUS

HOUSERAO KRISHNA KUDALE AND ORS WITH CIVIL APPLICATION NO. 16066 OF 2022 IN FA/2900/2023 THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS

VERSUS

GORAKH KRISHNA KUDALE WITH CIVIL APPLICATION NO. 8241 OF 2023

( 2 ) IN FA/2900/2023 GORAKH KRISHNA KUDALE

VERSUS

THE G.M.I.D.C. THR EXE. ENGINEER DIV., OSMANABAD ...

Mr. Swapnil A. Deshmukh, Advocate for the Claimants Mr. S. N. Morampalle, AGP for Respondent/s-State Mr. H. P. Kshirsagar, Advocate for Respondent No.1/acquiring body ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 28.01.2026 PER COURT :- APPLICATIONS FOR WITHDRAWAL .

Applicants seek to withdraw amount of Rs.8,31,246/- in Civil Application No.990 of 2026, Rs. 8,59,417/- in Civil Application No.8241 of 2023, Rs.13,55,172/- in Civil Application No.16061 of 2022 and Rs.9,75,098/- in Civil Application No.16070 of 2022 deposited by the acquiring body. In a similarly situated matters, the coordinate bench permitted the claimants to receive 50% of the deposited amount on furnishing undertaking and 25% of the deposited amount on furnishing solvent surety/security. I propose to follow the same course.

2.

Civil Applications are allowed partly permitting the applicants to receive 50% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) of this Court and 25% of the deposited amount with accrued interest on furnishing solvent

( 3 ) surety/security to the satisfaction of learned Registrar (Judicial) of this Court. 3.

Remaining amount shall be invested in a nationalized bank. FIRST APPEALS 4.

Admit. Mr. H. P. Kshirsagar, learned counsel for waives service of notice for the claimants.

5.

Call for Record and Proceeding. Print is dispensed with. APPLICATIONS FOR STAY 6.

As the amount of compensation is deposited by the acquiring body in pursuance of the orders of this Court, ad-interim stay granted earlier shall stands confirmed.

7.

Civil Applications are disposed of.

( SHAILESH P. BRAHME, J. ) PRW