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2026 DAILYLAW 2181 (BOM)

KASHINATH KARBHARI TOGE DIED THR. LRS. RADHABAIAND ORS. v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR.

CA/9226/2026 · 2026-08-19

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Judgment text

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( 1 ) 921 CA 9225 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 9225 OF 2026 IN FA/1061/2019 WITH CIVIL APPLICATION NO. 9226 OF 2026 IN FA/1061/2019 KASHINATH KARBHARI TOGE DIED THR. LRS. RADHABAI AND ORS. VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR. ... Mr. S. E. Shekade, Advocate for Applicants Mr. K. B. Jadhavar, AGP for Respondent No.2 – State Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami, Advocate for Respondent No.1 … CORAM : AJIT B. KADETHANKAR, J. DATE : 19.08.2026 PER COURT :- CIVIL APPLICATION NO. 9226 OF 2026 IN FA/1061/2019 . Heard Mr. S. E. Shekade, learned Advocate for the Applicants. The Civil Application is filed for seeking replacement of the sureties which the applicants had offered while withdrawing the amount deposited by the appellant/acquiring body in this Court. 2. It is submitted that the applicants have offered sureties namely 1) Kaveri Dilip Andhale, 2) Dilip Vinayak Andhale and 3) Sanjivani Sudhakar Andhale while withdrawing the amount for applicant No.B Babasaheb 2026:BHC-AUG:37609 ( 2 ) 921 CA 9225 OF 2026 Kashinath Toge. It is further prayed that those sureties be permitted to be discharged by offering solvent surety namely Neeta Babasaheb Toge. 3. Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami, learned Advocate for the Acquiring Body and learned AGP have no objection insofar as the interest of the Acquiring Body and the Government stands protected. 4. For the reasons stated in the Civil Application, the same stands allowed. 5. The Registry shall permit the Applicants to replace the earlier sureties offered by the Applicants on submission of new solvency surety as is observed (supra) within two weeks from today. Needless to mention the earlier sureties shall be discharged only on submission of the new solvent surety and to the satisfaction of the learned Registrar (Judicial) of this Court as regards to the new solvency surety. 6. Civil Application stands disposed of in above terms. CIVIL APPLICATION NO. 9225 OF 2026 IN FA/1061/2019 7. Stand over to 27.08.2026. [AJIT B. KADETHANKAR, J.] PRW