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Bombay High CourtCA/3930/2026partly allowed and partly dismissed

Gorakh Tukaram Deshmukh Died Through Lrs Vijay Gorakh Deshmukh v. The Executive Engineer

2026-05-05Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:20631 925-CA.3930-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 3930 OF 2026 IN FA/1033/2026 GORAKH TUKARAM DESHMUKH DIED THROUGH LRS VIJAY GORAKH DESHMUKH

VERSUS

THE EXECUTIVE ENGINEER ...

Advocate for Applicant : Mr. Shahaji C. Nadare h/f Mr. Naiknavare Ramesh Vitthal.

AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respondent No.1 : Mr. Ruturaj C. Patil. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.11,04,712/- deposited by the respondent/acquiring body.

3.

It is pointed out by learned counsel for the acquiring body that enhancement is more than four times. Ends of the justice would be met in permitting the applicant to receive 75% of the amount with accrued interest.

4.

Civil application is allowed partly permitting the applicant to receive 50% amount with accrued interest on furnishing undertaking and further 25% on furnishing solvent

925-CA.3930-26.odt surety/security to the satisfaction of the Registrar (Judicial) of this Court.

5.

Balance amount shall be invested in any nationalize bank, if any.

(SHAILESH P. BRAHME, J.) ...

vmk/-