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2026 DAILYLAW 7530 (BOM)

BHAGABAI MAHADEO KADAM DIED THROUGH IT LRS LAXMAN AND ORS. v. EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD (NOW UNDER THE MKVDC LTD, PUNE) AND ANR.

CA/9023/2026 · 2026-09-04

body2026

Judgment text

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1 932-ca-9023-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9023 OF 2026 IN FA/204/2019 Bhagabai Mahadeo Kadam Died Through It Lrs Laxman And Ors. VERSUS Executive Engineer, Medium Project Division, Osmanabad (now Under The Mkvdc Ltd, Pune) And Anr. ... Mr. E. S. Murge, Advocate for Applicants Mr. R. K. Ingole, AGP for Respondent-State Mr. A. R. Lukhe h/f Mr. A. S. Shelke, Advocate for Respondent no.1 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- . At the outset, liberty is sought to correct prayer clause (B), thereby deleting the digits “50%”. 2. Leave granted. Amendment be carried out forthwith. 3. Pursuant to the orders passed by this Court, the applicants have already withdrawn 50% of the amount deposited by the acquiring body. Now, this successive application seeking withdrawal of further 25% of the deposited amount is filed. The reasons requiring the withdrawal are stated in paragraph Nos. 6 to 8 of the application. 2026:BHC-AUG:41263 2 932-ca-9023-2026 4. Mr. E. S. Murge learned Advocate relies upon the order dated 12.07.2024 passed by this Court in Civil Application No. 6502 of 2024 in First Appeal No.201 of 2019. He would submit that in the connected matters this Court has granted permission to withdraw further 25% of the amount. 5. Mr. A. R. Lukhe h/f Mr. A. S. Shelke, learned Advocate for the Acquiring Body fairly agrees to the said submission. 6. In view of this, I pass the following order: ORDER a. Civil Application stands allowed. b. The applicants are permitted to withdraw further 25% of the amount by furnishing the usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. c. Needless to mention, the permitted withdrawal shall carry the interest accrued thereon. d. Civil Application stands disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026