Ram Apparao Khyade Died Through L Rs Bharatbai Ram Khyade v. The Executive Engineer Benitura Medium Project Division Irrigation Departmen Omerga Dist Osman

2026:BHC-AUG:20629 1 924-CA.3978-26+1 (Call Papers).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 3978 OF 2026 IN FA/2879/2025 RAM APPARAO KHYADE DIED THROUGH LRS BHARATBAI RAM KHYADE

VERSUS

THE EXECUTIVE ENGINEER BENITURA MEDIUM PROJECT DIVISION IRRIGATION DEPARTMENT OMERGA DIST OSMANABAD WITH CIVIL APPLICATION NO. 3984 OF 2026 IN FA/2878/2025 RAJNIKANT SURESH KADAM

VERSUS

THE EXECUTIVE ENGINEER BENITURA MEDIUM PROJECT DIVISION IRRIGATION DEPARTMENT OMERGA DIST OSMANABAD ...

Advocate for Applicants : Mr. Ambade Pradeep Vilasrao. AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respective Respondent/s : Adv. Snehal P. (Mahajan).

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to withdraw amount of Rs.35,45,806/- and Rs.9,90,742/- deposited in respective appeals. 3.

Applications are contested by the respondents. It is submitted that the enhancement is more than 7 times.

2 924-CA.3978-26+1 (Call Papers).odt 4.

The ends of justice would be met in permitting to withhold 25% of the amount so as to safeguard the interest of acquiring body. Acquiring body deposited entire amount with interest in this Court in both matters.

5.

Applications are allowed partly permitting the applicants to receive 50% amount with accrued interest on furnishing undertaking and further 25% on furnishing solvent surety/security 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/-