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Bombay High CourtCA/1283/2026admittedallowedgrantedrule absolute

Digambar Rama Devkar Died Through Lrs Maruti Digambar Devkar v. The State Of Maharashtra Through The Collector Osmanabad

2026-02-02Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:4570 1 62 ca 1283.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1283 OF 2026 IN FIRST APPEAL NO. 392 OF 2025 Digambar Rama Devkar Since deceased through his L.Rs.

Maruti Digambar Devkar .. Applicant

Versus

The State of Maharashtra, through the Collector Osmanabad and others .. Respondents WITH CIVIL APPLICATION NO. 1286 OF 2026 IN FIRST APPEAL NO. 395 OF 2025 Digambar Rama Devkar Since deceased through his L.Rs.

Maruti Digambar Devkar .. Applicant

Versus

The State of Maharashtra, through the Collector Osmanabad and others .. Respondents Shri Laxmikant C. Patil, Advocate for the Applicant. Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2. Shri Anil M. Gaikwad, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 02ND FEBRUARY, 2026.

FINAL ORDER :

.

Applicant seeks to withdraw amount of Rs. 38,28,652/- deposited in First Appeal No. 392 of 2025 and Rs. 19,90,249/- deposited in First Appeal No. 395 of 2025.

2 62 ca 1283.26 2.

In connected matters this Court permitted the claimants to receive entire amount deposited with accrued interest on certain conditions vide order dated 11.08.2025 passed in First Appeal No. 397 of 2025 with other connected matters. 3.

I propose to follow the same court. The civil applications are allowed permitting the applicant to receive 75% of the amount deposited with accrued interest on furnishing undertaking and 25% of the amount deposited on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. The civil applications are disposed of. [ SHAILESH P. BRAHME J. ] bsb/Feb. 26