Laxman Chandrayya Godbole And Others v. Gajanan Baliram Tirmare

939 CA NO. 1870 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 1870 OF 2026 IN FA/2565/2025 Laxman Chandrayya Godbole And Others

VERSUS

Gajanan Baliram Tirmare and Others ...

Mr. K. B. Jadhav, Advocate for Applicants Mr. Abhijit Choudhari, Advocate for Respondent No.3 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 07.03.2026 PER COURT :- 1.

This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 2.

Heard.

3.

Learned advocate for respondent No.3 strongly opposed the application. He submitted that there was a delay of four months in lodging the report and therefore, the claimants' case is not maintainable. He prayed to reject the application. 4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order:

(( 2 )) 939 CA NO. 1870 OF 2026 ::ORDER::

a.

The application is partly allowed.

b.

The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

The application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav