Sayyad Isak Sayyad Mahemud Alias Isak Mahemud Sayyad v. The Union Of India Through General Manager

2026:BHC-AUG:8206 1 28 ca 2180.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2180 OF 2026 IN FIRST APPEAL NO. 2373 OF 2024 Sayyad Isak Sayyad Mahemud Alias Isak Mahemud Sayyad .. Applicant

Versus

The Union Of India Through General Manager and others .. Respondents Shri Kishor D. Khade, Advocate h/f Shri Suhas R. Shirsat, Advocate for the Applicant.

Shri N. T. Bhagat, Advocate h/f Shri A. G. Talhar, Advocate for the Respondent No. 1.

Shri S. N. Morampalle, A.G.P. for the Respondent/State. CORAM : SHAILESH P. BRAHME, J.

DATE : 24TH FEBRUARY, 2026.

FINAL ORDER :

.

Applicants seek modification of the order dated 23rd August, 2024 due to supervening events. The acquiring body has preferred appeal and deposited amount in this Court. In Civil Application No. 9069 of 2024, the claimants were permitted to withdraw the amount on certain conditions. That amount was unable to be disbursed because the respondent No. 5 died and survived by heirs, who did not support the applicants. 2.

Due to subsequent events, it has become impossible for the

2 28 ca 2180.26 applicants to receive the amount despite order of this Court. The claimants are entitled to have equal share in the compensation. The respondent No. 5 is entitled to 1/6th share. If his share is kept intact, the balance 5/6th share can be permitted to be disbursed on the same terms as is laid down in order dated 23.08.2024. The applicants are entitled to receive the amount in equal proportion to the extent of 5/6th share with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Office shall invest 1/5th share with proportionate accrued interest in any nationalized bank. The civil application is disposed of.

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