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Bombay High CourtCA/4130/2026admittedallowedgrantedrule absolute

Kaishailyabai Digambar Ghogare Died Lrs Gajendra Died Thr Lrs Chandrasena And Others v. Executive Engineer

2026-04-24Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:19035 1 955

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO. 4111 OF 2026 IN FA/1075/2026 GAJENDRA SO DIGAMBAR GHOGARE DIED HIS LRS CHANDRASENA AND OTHERS

VERSUS

EXECUTIVE ENGINEER WITH CIVIL APPLICATION NO. 4130 OF 2026 IN FA/1077/2026 KAISHAILYABAI DIGAMBAR GHOGARE DIED LRS GAJENDRA DIED THR LRS CHANDRASENA AND OTHERS

VERSUS

EXECUTIVE ENGINEER ...

Advocate for applicants : Mrs. V.A. Shinde (in both CAs) Advocate for respondent no. 1 : Mr. A.M. Gaikwad APP for the respondent - State : Mr. G.O. Wattamwar ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 24 APRIL 2026 PER COURT :

Applicants seek withdrawal of amount of Rs.45,82,728/- and Rs.9,73,054/- deposited by the respondent - Acquiring Body in the respective appeals.

2.

A copy of the order dated 13.03.2026 is placed on record to show that in similarly situated matters, this Court already permitted the applicants to receive 75% amount with accrued interest on furnishing undertaking.

2 955 3.

I find no difficulty in following the same course. 4.

I, therefore, pass the following order :- 5.

Civil Applications are allowed partly.

6.

Applicants are permitted to withdraw 75% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank.

[ SHAILESH P. BRAHME ] JUDGE arp/