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2025 DAILYLAW 67287 (BOM)

THE EXECUTIVE ENGINEER, PATHBANDARE PRAKALP MAJBUTIKARAN VIBHAG OMERGA AND ORS v. SUBHASH TUKAPPA HIRMUKHE

CA/11172/2024 · 2025-12-02

Shri Shailesh P Brahme

body2025

Judgment text

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41 CA 13179 OF 2025+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 13179 OF 2025 IN FA/463/2025 WITH CIVIL APPLICATION NO. 13181 OF 2025 IN FA/464/2025 LAXMAN APPARAO MANDALE VERSUS THE STATE OF MAHARASHTRA ... WITH CIVIL APPLICATION NO. 11172 OF 2024 IN FA/464/2025 WITH CIVIL APPLICATION NO. 11174 OF 2024 IN FA/463/2025 ... Advocate for Claimants : Mr. Manoj Dharmaraj Shinde AGP for State : Mrs. M.N. Ghanekar Advocate for Acquiring body : Mrs. Sunita D Shelke ... CORAM : SHAILESH P. BRAHME, J. DATE : 02.12.2025 PER COURT : CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT Heard. 2. The respondent-Acquiring Body has deposited in aggregate Rs. 1,55,66,628/- in these appeals, which are sought to be . 3. The learned counsel for the applicants relies on the order dated 11.09.2025 passed by the coordinate bench. 4. The learned counsel for the respondent-Acquiring Body opposes the applications. It is submitted that the claimants did not challenge the rate 1/2 2025:BHC-AUG:33674 41 CA 13179 OF 2025+.odt awarded by the reference Court. 5. Considering over all circumstances, I find it fit to permit the applicants to receive 80% of the amount of compensation with accrued interest on furnishing undertaking and 20% of the amount of compensation with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. 6. The applications are partly allowed permitting the applicant receive 80% of the amount of compensation with accrued interest on furnishing undertaking and 20% of the amount of compensation with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. 7. The Civil Applications are disposed of. FIRST APPEAL : Admit. Learned counsel Mr. Shinde waives service for claimant. Mrs.Ghanekar waives service for respondents/State in both appeals. 8. Call for record and proceedings. 9. Print is disposed with. CIVIL APPLICATIONS FOR STAY : 10. As the acquiring body has deposited entire amount of compensation, ad interim relief granted earlier shall stand confirmed. 11. The Civil Applications are disposed of. ( SHAILESH P. BRAHME, J.) mkd/- 2/2