79 CA 545 OF 2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 79 CIVIL APPLICATION NO. 545 OF 2025 IN FA/2396/2023 GOVIND JAGANNATH KAWADE (DIED) THR LRS. INDUBAI J. KAWADE (DIED) THR LRS. MAHADEV AND ORS VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS ... Advocate for Applicant : Mr. Rakhunde Pravin B. AGP for Respondent nos. 1 & 2 : Mr. A.V. Hange Advocate for Respondent No. 3 : Mr. Shyam C. Arora Advocate for Respondent No. 4 : Ms. D.A.. Madke ... CORAM : SHAILESH P. BRAHME, J. DATE : 03.11.2025 PER COURT : Heard both sides. The applicants are praying for withdrawal of amount. 2. The applicants claim to be original claimants and they were permitted to withdraw 75% of the amount by conditional order dated 19.01.2024 passed in Civil Application No. 783/2022. Later on it was modified by subsequent order dated 04.09.2024. In pursuance of the modification, amount of RS. 15,05,280/- was deposited by applicant nos. 6 and 7, who are purchasers. It is the redeposited amount, which is sought to be withdrawn by the applicants. 3. The learned counsel for the respondent no. 4 has pointed out independent appeal as well as application preferred by him. He is objecting present application. It is submitted that the entitlement of sisters and purchasers is disputed. He has strong objection for disbursement of any 1/2 2025:BHC-AUG:30308 79 CA 545 OF 2025.odt amount to these persons. 4. Learned counsel Mr. Arora for the respondent-Acquiring Body opposes the application. It is submitted that entire mess is created by the applicants. The amount shall not be disbursed unless first appeals are decided finally. 5. I have considered the rival submissions of the parties. Amount of Rs. 15,05,280/- is deposited by applicant nos. 6 and 7 in pursuance of the order dated 04.09.2024. The entitlement of the parties to receive the compensation as well as redeposited amount cannot be decided at this juncture. That will be subject to final outcome of the decision of the appeals. The applicant No. 1 Govind, applicant No. 2 Shridhar and respondent No. 4 Navnath are the sons. Applicant No. 3 Prayagbai, applicant No. 4 Shantabai and applicant No. 5 Vachalabai are the sisters and the applicant nos. 6 and 7 are the purchasers. Excluding the sons, other persons' entitlement is disputed. I find it appropriate to permit the sons to receive 1/6th of the amount per strip each from the amount redeposited. 6. The Civil Application is partly allowed. 7. The applicant no. 1 Govind, Applicant N. 2 Shridhar and respondent No. 4 Navnath shall be disbursed 1/6th of the amount redeposited 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. 8. List this matter after three weeks for consideration of application for condonation of delay. ( SHAILESH P. BRAHME, J.) mkd/- 2/2