Vanabai Tryambak Varade Varhade v. The Executive Engineer And Others
921-CA.3765-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 3765 OF 2026 IN FA/1353/2025 VANABAI TRYAMBAK VARADE VARHADE
VERSUS
THE EXECUTIVE ENGINEER AND OTHERS AND 922 CIVIL APPLICATION NO. 3767 OF 2026 IN FA/1562/2025 KAUSHALYABAI JAGANNATH PATIL
VERSUS
THE EXECUTIVE ENGINEER AND ANOTHER AND 923 CIVIL APPLICATION NO. 3769 OF 2026 IN FA/1563/2025 RUPCHAND RAMCHANDRA PATIL DIED THROUGH LRS DWARKABAI RUPCHAND PATIL
VERSUS
THE EXECUTIVE ENGINEER AND ANOTHER ...
Advocate for Applicants : Mr. Madake Datta A. (Through V. C.) AGP for Respondent/s-State : Mr. G. O. Wattamwar, Mr. S. B. Narwade, Mr. S. V. Hange, respectively.
Advocate for Respondents/Acquiring Body : Mr. Ajay D. Pawar. ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 05.05.2026 PER COURT :- 1.
Heard both sides.
2.
Applicants seek to withdraw amount deposited by the respondents/acquiring body before this Court. 3.
Applications are contested by the respondents. It is pointed out that already in aggregate 75% of the amount has
921-CA.3765-26.odt been deposited in each appeal before this Court as well as Reference Court.
4.
Learned counsel for the applicants has tendered on record the chart disclosing that the amount was deposited by the acquiring body before the Reference Court and part of that amount was permitted to be withdrawn which would approximately comes to 50%. It reveals from the chart that the amount deposited with the Reference Court was permitted to be withdrawn. The controversy pertains to the amount lying with this Court in each matter. Reliance is placed on order dated 17.10.2025. The ends of justice would be met in permitting the applicants/claimants to receive 50% amount with accrued interest which is lying before this Court. 5.
Applications are allowed partly permitting the applicants to receive 50% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.
6.
Balance amount shall be invested in any nationalize bank.
(SHAILESH P. BRAHME, J.) ...
vmk/-