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2025 DAILYLAW 68908 (BOM)

The Executive Engineer Sina Kolegaon Project Division Paranda Dist Osmanabad v. Shivaji Laxman Lomte and Ors

CA/10336/2024 · 2025-11-20

Shri Shailesh P Brahme

body2025

Judgment text

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45 49 CA12487 25+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 45 CIVIL APPLICATION NO. 12487 OF 2025 IN FAST/25767/2024 WITH CIVIL APPLICATION NO. 10336 OF 2024 IN FAST/25767/2024 WITH CIVIL APPLICATION NO. 10335 OF 2024 IN FAST/25767/2024 SHIVAJI LAXMAN LOMTE VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AT OSMANABAD ... Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S. AGP for Respondent nos. 1 & 2 : Mr. S.V. Hange Advocate for Respondent No. 3 : Mr. Kishor T. Taur h/f Mr. S.G. Bhalerao ... 49 CIVIL APPLICATION NO. 12493 OF 2025 IN FAST/25780/2024 WITH CIVIL APPLICATION NO. 10348 OF 2024 IN FAST/25780/2024 WITH CIVIL APPLICATION NO. 10349 OF 2024 IN FAST/25780/2024 RAJENDRA BABAN MISKIN VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD ... Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S. AGP for Respondent nos. 1 & 2 : Mr. S.V. Hange Advocate for Respondent No. 3 : Mr. Kishor T. Taur h/f Mr. S.G. Bhalerao … CORAM : SHAILESH P. BRAHME, J. DATE : 20.11.2025 PER COURT : APPLICATIONS FOR WITHDRAWAL OF AMOUNT: Heard both sides. 2. The applicants seek to withdraw amount deposited by the respondent- 1/2 2025:BHC-AUG:32289 45 49 CA12487 25+.odt Acquiring Body. It is informed that in connected matters this Court permitted to receive the amount deposited with accrued interest on furnishing undertaking. The respondent-Acquiring Body has deposited 50% of the amount. I propose to follow the same course. 3. The Civil Applications are partly allowed permitting the applicants to receive 50% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. 4. The Civil Applications are disposed of. APPLICATIONS FOR DELAY CONDONATION : The applicant-Acquiring Body seeks to condone the delay of 87 days and 97 days respectively. There are no mala fides on the part of the applicant in preferring the appeals belatedly. It is desirable to condone the delay. 2. The Civil Applications are allowed. Delay stands condoned. 3. The Civil Applications are disposed of. FIRST APPEAL (STAMP) : Admit. Learned counsel Mr. Jadhav h/f More waives service respondents/claimants. Learned A.G.P. waives service for the respondents/ State. 2. Call for record and proceedings. 3. Print is dispensed with. APPLICATIONS FOR STAY : As the entire amount is deposited interim relief granted earlier shall stand confirmed. 2. The Civil Applications are disposed of. ( SHAILESH P. BRAHME, J.) mkd/- 2/2