Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 10195 (BOM)

MALHARI SHANKAR WAGHMARE DIED THR LRS KALAWATI DIED THR LRS KANTABAI AND ORS. v. THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ANR.

CA/10791/2026 · 2026-09-16

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 935-ca-10791-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10791 OF 2026 IN FA/1269/2021 Malhari Shankar Waghmare Died Thr Lrs Kalawati Died Thr Lrs Kantabai And Ors. VERSUS The State Of Maharashtra, Through Collector, Osmanabad And Anr. ... Mr. V. V. Ingale, Advocate for Applicants Mr. R. K. Ingole, AGP for Respondent-State ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 16TH SEPTEMBER, 2026 P.C. :- . The present Civil Application is filed seeking permission to withdraw the balance amount pending in this Court deposited by the Acquiring Body. 2. Mr. V. V. Ingale, learned Advocate for the applicants submits that the First Appeal is already dismissed by this Court vide order dated 27.07.2026. He submits that since the appeal is already dismissed, the application be allowed permitting the applicants to withdraw the balance amount. A copy of the order dated 27.07.2026 is annexed to the application. 2026:BHC-AUG:42876 2 935-ca-10791-2026 3. Mr. R. K. Ingole, learned AGP fairly submits that in view of the dismissal of the First Appeal, the claimants may be permitted to withdraw the balance amount. 4. Mr. V. V. Ingale, learned Advocate for the applicants submits that the other applicants have waived their right in favour of the applicant nos.4 and 5 for the compensation. He would point out earlier order passed by this Court on 03.07.2024 wherein also this Court has allowed withdrawal only to applicant nos.4 and 5. 5. In view of the above, Civil Application stands allowed. The applicant nos.4 and 5 are permitted to withdraw the balance amount pending in this Court. Needless to mention, the withdrawal shall carry interest accrued thereon. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026