1 949-ca-10176-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10176 OF 2026 IN FA/1204/2021 Bajarang Tukaram Godase (mane) Died Thr Legal Repr. Shantabai And Ors. VERSUS The State Of Maharashtra, Through Collector, Osmanabad And Ors. ... Mr. L. C. Patil, Advocate for Applicants Mr. B. V. Virdhe, AGP for Respondent-State Mr. R. A. Tambe, Advocate for Respondent no.3 ... WITH CIVIL APPLICATION NO. 4795 OF 2021 IN FA/1204/2021 WITH CIVIL APPLICATION NO. 10177 OF 2026 IN FA/1204/2021 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 10176 OF 2026 . Mr. L. C. Patil, learned Advocate for the applicants, submits that during pendency of the First Appeal, the sole claimant/respondent in the First Appeal namely Bajrang Tukaram Godase (Mane) is died. Present applicant Nos.1 to 4 are the only legal representatives of deceased Bajrang. He would submit that the right to defend the First Appeal has devolved upon the present applicants and hence the 2026:BHC-AUG:41389 2 949-ca-10176-2026 application be allowed. There is delay of 1506 days caused in filing the application. 2. Mr. R. A. Tambe, learned Advocate for the acquiring body prays to pass appropriate order. 3. For the reasons stated in the application, I pass following order: ORDER a. Civil Application stands allowed. b. Delay of 1506 days caused in filing the present application stands condoned. c. The appellants shall amend the title clause of the First Appeal and applications thereby incorporating the names of applicant Nos.1 to 4 as legal representatives of deceased Bajrang Godase (Mane). d. Amendment be carried out forthwith. CIVIL APPLICATION NO. 10177 OF 2026 . By a separate order passed by this Court today, the claimants are added in the proceedings in the capacity of legal representatives of deceased claimant Bajrang Godase. Pursuant to the orders passed by this Court, the Acquiring Body has deposited the entire award amount in this Court. Now, this Civil Application is filed seeking withdrawal of the said amount. 3 949-ca-10176-2026 2. Mr. L. C. Patil, learned Advocate for the applicants cites an order dated 28.07.2025, passed by this Court in Civil Application No.6195 of 2025 in First Appeal No.1206 of 2025, with connected matters. He would submit that the same order is passed in identical matters wherein this Court has allowed the claimants therein to withdraw 75% of the amount deposited by the acquiring body, subject to certain riders. 3. Mr. R. A. Tambe learned Advocate for the Acquiring Body in all fairness accepts such submission. 4. In view of the above, I pass the following order: ORDER a. Application stands allowed. b. Applicants are permitted to withdraw 75% of the amount deposited in this Court upon furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court, and the balance 25% amount be deposited in fixed deposit in any nationalized bank. c. Civil Application stands disposed of. CIVIL APPLICATION NO. 4795 OF 2021 . This application is filed seeking stay to the execution and operation of the judgment and award impugned in the First Appeal. 4 949-ca-10176-2026 2. Considering the fact that the Acquiring Body/ appellants have deposited the entire award amount in this Court, the application stands allowed. The stay granted earlier is made absolute. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026