1 929-ca-13164-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13164 OF 2025 IN FA/3016/2021 Madhukar Mahadappa Sarane. VERSUS The State Of Maharashtra, Through The Collector, Osmanabad And Ors. ... Mr. M. D. Shinde, Advocate for Applicant Mr. S. P. Sonpawale, AGP for Respondent-State Mr. S. G. Bhalerao, Advocate for Respondent no.3 ... WITH FIRST APPEAL NO. 3016 OF 2021 WITH CIVIL APPLICATION NO. 13259 OF 2025 IN FA/3016/2021 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 13164 OF 2025 . Feeling aggrieved by the judgment and award dated 20.11.2014 passed by the learned Civil Judge, Senior Division, Omerga, in Land Acquisition Reference No. 860 of 2009 (Old L.A.R. No.12 of 2008), the Acquiring Body has filed the present First Appeal before this Court. 2026:BHC-AUG:41259 2 929-ca-13164-2025 2. While seeking stay to the execution and operation of the impugned judgment and award, the Acquiring Body undertook to deposit 80% of the award amount. Pursuant to the order passed by this Court, the acquiring body has deposited the award amount in this Court. 3. Now, this application is filed by the claimant seeking withdrawal of the said amount. 4. Mr. M. S. Shinde, learned Advocate for the applicant- claimant, relies upon an order dated 17.11.2025 passed by this Court in Civil Application No.12485 of 2025 in First Appeal No. 030 of 2021 wherein this Court has permitted the applicant to withdraw 80% of the amount. He would submit that the application be allowed in terms of prayer clause “B” of the application. 5. Mr. S. G. Bhalerao, learned Advocate for the Acquiring Body, would fairly submit that the cited order arises out of the same land acquisition proceedings and prays to pass appropriate order. ORDER a. Civil Application stands partly allowed. 3 929-ca-13164-2025 b. The applicant is permitted to withdraw 60% of the deposited amount with accrued interest by furnishing an undertaking to the learned Registrar (Judicial) of this Court. c. The applicants are also permitted to withdraw further 20% of the amount on furnishing solvent security to the satisfaction of the learned Registrar (Judicial) of this Court. d. Needless to mention, the withdrawal shall carry interest accrued theron. d. Civil Application stands disposed of. CIVIL APPLICATION NO. 13259 OF 2025 . The Civil Application No.13259 of 2025 is filed by sister of the original claimant seeking intervention in the proceedings and claiming her share in the award amount. 2. Mr. A. M. Reddy, learned Advocate representing the intervener has placed on record a copy of the consent deed/settlement deed executed between the original claimant- Madhukar Mahadappa Sarane and the intervener Shantabai Apparao Patil. 3. It appears that both the parties have settled the controversy inter se and the claimant Madhukar has agreed to give one-fourth (1/4th) share to the intervener Shantabai. 4. Mr. M. D. Shinde, learned Advocate for the original claimant and applicant in Civil Application No.13164 of 2025, 4 929-ca-13164-2025 on instructions concedes with the said submissions. He unequivocally admits that his client has given instructions to him that the contents of the said Sammati Patra/ consent deed are true and correct. 5. Copy of the said document is taken on record and marked as “Annexure-X” for identification purpose. 6. In terms of this, Mr. A. M. Reddy, learned Advocate for the applicant in Civil Application No.13259 of 2025 seeks leave to withdraw the present application. 7. The application stands dismissed as withdrawn. FIRST APPEAL NO.3016 OF 2021 . Issue notice to the respondents. Mr. M. D. shinde, learned Advocate waives service of notice for respondent no.1. Learned AGP waives service of notice for respondent nos.2 and 3. 2. Call for record and proceedings. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026