CA.5104.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 5104 OF 2026 IN FA/2255/2018 Ramdas Digambar Kshirsagar and anr. VERSUS The Executive Engineer, Irrigation Project Majbutikaran Div. Omerga And Ors ---- Mr.R.V.Naiknaware, Advocate for applicants – claimants Mr.G.B.Rajale, Advocate for respondent – acquiring body Mr.K.B.Jadhavar, AGP for State ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 29, 2026 ORDER :- Feeling aggrieved by the judgment and order dated 27.08.2014 passed by 2nd Joint Civil Judge Senior Division, Osmanabad in L.A.R.No.602 of 2012 the acquiring body has preferred the First Appeal No.2255 of 2018. The project for acquisition is identified as “Kumbari-Korewadi Storage tank”. While securing stay to the execution and operation of the impugned judgment and award, the acquiring body has deposited entire payable award amount together with cost and interest. 2. Now, this application is moved by the original claimants for the first time seeking permission to withdraw the amount deposited by the acquiring body in this court. 3. Learned advocate for the applicants submits that in the identical matters arising out of the same land acquisition project this court has permitted the claimants therein to withdraw 75% of the 2026:BHC-AUG:39760 2 CA.5104.2026 deposited amount by furnishing usual undertaking. On the same lines, withdrawal is sought by the present applicants. 4. Learned advocate for the acquiring body would not contradict such statement and would accept that the order dated 13.09.2022 passed by this Court in Civil Application No.1984 of 2022 in First Appeal No.2251 of 2018 [Devidas Ambadas Naikwadi (died) through L.Rs. Kusum and others Vs. State of Maharashtra and ors.] can be relied upon. 5. In view of the above, present Civil Application is partly allowed by permitting the applicants to withdraw 75% of the amount deposited by the acquiring body, on furnishing a usual undertaking to the satisfaction of learned Registrar (Judicial) of this court. Needless to observe, withdrawal shall carry the interest accrued thereon. Balance amount be kept in Fixed Deposit. The Civil Application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.] ……….. KBP