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2026 DAILYLAW 8397 (BOM)

Bhagaji Chimaji Matsagar died through lrs ashok bhagaji matsagar v. the state of maharashtra through collector aurangabad

CA/10484/2026 · 2026-09-11

body2026

Judgment text

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1 935 CA 10484 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 10484 OF 2026 IN FA/2921/2022 BHAGAJI CHIMAJI MATSAGAR DIED THROUGH LRS ASHOK BHAGAJI MATSAGAR VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR AURANGABAD ... Mr. Y. D. Kale, Advocate for Applicant Mr. K. B. Jadhavar, AGP for Respondent-State Mr. G. S. Khaire h/f. Mr. S. S. Dande, Advocate for Respondent/Acquiring Body WITH CIVIL APPLICATION NO. 8769 OF 2022 IN FA/2921/2022 OFFICER IN CHARGE MIDC AURANGABAD VERSUS BHAGAJI CHIMAJI MATSAGAR DEAD AND OTHERS WITH CIVIL APPLICATION NO. 10485 OF 2026 IN FA/2921/2022 … CORAM : AJIT B. KADETHANKAR, J. DATED : 11th September 2026 P.C. :- CIVIL APPLICATION NO. 10484 OF 2026 . This Civil Application is filed by the claimant/respondent in the First Appeal seeking withdrawal of 2026:BHC-AUG:42202 2 935 CA 10484 OF 2026 the amount deposited by the acquiring body in this Court. 2. Mr. Y. D. Kale, learned Advocate for the applicant relies upon order dated 01.04.2021 passed by this Court in Civil Application No.4261 of 2021 in First Appeal No.107 of 2019. He would submit that in identical matter arising out of the same proceedings, this Court has allowed withdrawal of 50% of deposited amount on furnishing undertaking. The copy of the said order is taken on record and marked as Annexure “X” for identification. 3. Mr. G. S. Khaire h/f. Mr. S. S. Dande, learned Advocate for the acquiring body fairly agrees with such contention. 4. In view of this, Civil Application is partly allowed permitting the applicant to withdraw 50% of the amount deposited in this Court by furnishing undertaking to the satisfaction of learned Registrar (Judicial) of this Court. Needless to mention, withdrawal shall carry interest accrued thereon till the date of withdrawal. ( AJIT B. KADETHANKAR, J. ) PRW