1 14 ca 11056.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11056 OF 2025 IN FIRST APPEAL STAMP NO. 25258 OF 2020 Annapurna Babu Pawar Since deceased through her L.Rs. Gunabai Abhiman Pawar and others .. Applicants Versus The State of Maharashtra and others .. Respondents Shri Abhijit S. More, Advocate for the Applicants. Shri B. A. Shinde, Advocate for the Respondent Nos. 1 and 3. Shri Mukul S. Kulkarni, Advocate for the Respondent No. 2. Shri Shaikh Shoyab, Advocate for the Applicant in C. A. No. 7441 of 2023. CORAM : SHAILESH P. BRAHME, J. DATE : 08TH OCTOBER, 2025. FINAL ORDER : . Applicants seek to withdraw balance amount in view of supervening events. 2. Applicant is the original claimant survived by her legal heirs. They were permitted to withdraw 40% of the deposited amount vide order dated 19.01.2024 because there were disputes interse between the parties. The respondent - acquiring body deposited 60% of the compensation awarded by the Reference Court. There is settlement amongst the family members of the 2025:BHC-AUG:28193 2 14 ca 11056.25 claimants in R.C.S. No. 16 of 2023. It was a suit filed by Sita Vitthal Wayse one of the daughters and the compensation was the subject matter. Parties have settled the dispute by tendering on record the settlement. The suit was disposed of in view of settlement vide order dated 23.07.2024. 3. The settlement indicates that the then plaintiff – Sita Vitthal Wayse as well as the defendant No. 5 - Parwati Shrirang Khomane will be entitled to have share along with other defendants in the deposited amount in the High Court. They will have share in the balance undeposited amount also. 4. All the learned counsels are unanimous regarding the settlement placed on record. The claimants are permitted to withdraw only 40% out of deposited 60% amount of compensation. I do not find any impediment in permitting the applicants to receive balance amount from the deposited 60% amount of compensation. The present applicants as well as added claimants Sita Vitthal Wayse and Parwati Shrirang Khomane are entitled to receive the amount as per their settlement. The same shall be disbursed to them. 5. It is informed that in pursuance of the order dated 19.01.2024 amount has not been disbursed to the existing claimants. 6. The civil application is partly allowed permiting the 3 14 ca 11056.25 claimants and the newly added claimants to receive entire amount of 60% proportionately as per their terms of settlement placed on record by furnishing undertaking to the satisfaction of the Registrar (Judicial). The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/Oct. 25