1 959-CA.13067-24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 959 CIVIL APPLICATION NO. 13067 OF 2024 IN FA/3008/2024 NAGU CHIMAJI SHETE (DIED) THR. LRS RUDRAPPA NAGURAO SHETE AND ORS VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 7910 OF 2022 IN FA/3008/2024 WITH CIVIL APPLICATION NO. 7903 OF 2022 IN FA/3007/2024 WITH CIVIL APPLICATION NO. 13066 OF 2024 IN FA/3007/2024 ... Advocate for Applicants : Mr. Adgaonkar Ravibhushan P. AGP for Respondent/s-State : Mr. B. A. Shinde. ... CORAM : SHAILESH P. BRAHME, J. DATE : 26.08.2025 PER COURT :- 1. Applicants are seeking condonation of delay, setting aside abatement and permission to bring legal heirs of deceased claimant Nagu Chimaji Shete and Mahadeo Dagdu Shete on record in respective matters. The legal heirs are necessary parties as the cause of action survives against them. The delay needs to be condoned. 2. For the reasons stated in the applications, civil applications are allowed in terms of prayer clauses “2” and “3”. 3. Both the parties shall be at liberty to carry out amendment. 2 959-CA.13067-24.odt Civil Applications Withdrawal 4. The applicants are seeking withdrawal of amount. In First Appeal No.3008 of 2024 respondent/acquiring body has deposited Rs.13,37,879/- whereas in First Appeal No.3007 of 2024 acquiring body has deposited Rs.18,25,410/- which are sought to be withdrawn. 5. Learned counsel for the applicants tender on record common judgment dated 05.09.2024 to buttress that in identical circumstances claimants are permitted to withdraw 50% on furnishing undertaking and 25% on furnishing solvent surety/security. I propose to follow the same course. 6. Both civil applications for withdrawal of amount are partly allowed by permitting the applicants to receive 50% with accrued interest on furnishing usual undertaking and further 25% on furnishing solvent surety/security to the satisfaction of Registrar Judicial of this Court. 7. Balance amount shall be invested in Nationalize Bank. In First Appeals 8. Admit. 3 959-CA.13067-24.odt 9. Learned counsel Mr. Adgaonkar waives service of notice for respondent. 10. Call for Record and Proceedings from the concerned Court if not called. 11. Print is dispensed with. (SHAILESH P. BRAHME, J.) ... vmk/-