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2026 DAILYLAW 1557 (BOM)

YUVRAJ LAXMAN PATIL v. THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON AND ORS

CA/6185/2026 · 2026-07-02

Shri Ajit B Kadethankar, Shri Kishore C Sant

body2026

Judgment text

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6189.26ca etc (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920-2 CIVIL APPLICATION NO. 6189 OF 2026 IN FA/2315/2020 SITARAM SENU PATIL. VERSUS THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON AND ORS. WITH CIVIL APPLICATION NO. 6186 OF 2026 IN FA/2314/2020 BHAURAO KADU BORSE VERSUS THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON AND ORS WITH CIVIL APPLICATION NO. 6185 OF 2026 IN FA/2313/2020 YUVRAJ LAXMAN PATIL VERSUS THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON AND ORS WITH CIVIL APPLICATION NO. 6187 OF 2026 IN FA/2312/2020 RAJANIBAI SITARAM PATIL. VERSUS THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON AND ORS. ….. Mr Vijay B. Patil, Advocate for Applicants Ms S. S. Joshi, AGP for Respondent Nos.3 to 5/State ….. 2026:BHC-AUG:26143-DB 6189.26ca etc (2) CORAM : KISHORE C. SANT AND AJIT B. KADETHANKAR, JJ. DATE : 02nd JULY 2026 PER COURT :- 1. All these applications are filed seeking leave to withdraw the amount lying in this Court that was deposited by the appellant/Acquiring Body during the pendency of the appeals. 2. The Appeals themselves have been disposed of on 20/04/2026. During the pendency of the appeals, the applicants were permitted to withdraw 50%of the amount on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining 50% of the amount was permitted to be withdrawn upon furnishing solvency/surety to the satisfaction of the learned Registrar (Judicial) of this Court. The applicants have stated that, since they could not produce/obtain a solvency certificate, they could not withdraw the remaining 50% of the amount. Only amount that was permitted to be withdrawn on undertaking could be withdrawn by the applicants. Thus, remaining part of the amount is lying in this Court. 3. Considering that the appeals have already been disposed of by the judgment dated 20/04/2026, in our opinion, no purpose would be served by keeping the amount pending in this Court. 6189.26ca etc (3) 4. In that view of the matter, the Registry is directed to disburse the remaining amount, alongwith accrued interest, to the present applicants, within a period of four weeks. All these applications stand disposed of accordingly. The securities stand discharged. [AJIT B. KADETHANKAR, J.] [KISHORE C. SANT, J.] sjk