18-ca.9838.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 9838 OF 2026 IN FAST/3269/2023 Sheshadri Shankar Puri (Died) Through L.Rs. Arun Sheshadri Puri (Died) Through L.Rs. Shobha Arun Puri VERSUS Sheshdri Shankar Puri ---- Ms.Laxmi Thakur, Advocate h/f. Mr.L.C.Patil, Advocate for applicant – claimant Mr.S.N.Kendre, AGP for respondent nos.1 and 2 – State Ms.Sunita Shelke, Advocate for respondent no.3 ---- WITH CIVIL APPLICATION NO. 3321 OF 2023 IN FAST/3269/2023 WITH CIVIL APPLICATION NO. 3320 OF 2023 IN FAST/3269/2023 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 29, 2026 ORDER :- In C.A. No.9838 of 2026 :- This application is filed seeking withdrawal of the amount deposited by the acquiring body in this court. 2. Feeling aggrieved by the judgment and award dated 01.02.2019 passed by learned 2nd Joint Civil Judge, Senior Division, 2 18-ca.9838.2026 Osmanabad in L.A.R. No.252 of 2014 the acquiring body has filed the First Appeal. While seeking stay to the execution of the impugned judgment and award, this court imposed a condition on the acquiring body to deposit the entire payable award amount in this court. Accordingly, the entire award amount is deposited. This Civil Application is filed for withdrawal of the said amount. 3. It is submitted that this is the only application filed by the claimants seeking withdrawal of amount. Reliance is placed on an order dated 17.04.2025 passed by this court in Civil Application No.4058 of 2025in F.A. No.1379 of 2024 (Shivaji Babruwan Godase Vs. The State of Maharashtra) with connected matters. Learned advocate for the applicants submits that the cited order arises out of the identical matters from the same acquisition proceedings. On parity, she seeks same order. 4. Learned advocate for the acquiring body appearing through the V.C. fairly agrees with the contention that the cited order is in respect of the identical matters. 5. In view of the above, I pass following order:- (i) The application is partly allowed and disposed off. (ii) The applicants are allowed to withdraw 75% of compensation amount with accrued interest deposited in this Court on furnishing usual undertaking to Registrar 3 18-ca.9838.2026 (Judicial) of this Court, which shall be made part of appeal record. (iii) Balance 25% of the amount be invested in fixed deposit in any Nationalized Bank to be renewed from time to time till the disposal of the appeal/s. Order in C.A. No.3321 of 2023:- 6. Considering the fact that the acquiring body has deposited the entire award amount in this court, the stay granted earlier is made absolute. Civil Application stands disposed of. Order in C.A. No.3320 of 2023 :- 7. For the reasons stated in the application, the delay caused in filing the appeal stands condoned. The application is allowed. In First Appeal (Stamp) No.3269 of 2023 :- 8. Admit. Respective learned advocates waive notice for the respondents. 9. Call Record and Proceedings. Paper Book is dispensed with. [AJIT B. KADETHANKAR, J.] ……….. KBP