924 CA 7148 OF 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 7148 OF 2026 IN FA/2592/2025 WITH CIVIL APPLICATION NO. 12622 OF 2024 IN FA/2592/2025 KONDIBA MOHAN SHELAR VERSUS THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 ... Advocate for Applicant : Mr. Pahune Nandkishor Jayaram Advocate for Respondent no. 1 : Adv. Geeta L. Deshpande ... CORAM : SMT. MANJUSHA AJAY DESHPANDE, J. DATE : 11.09.2026 PER COURT : CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT: 1. The applicant is claiming for withdrawal of amount of compensation deposited by the Acquiring Body in the appeal. On the basis of the order granting stay to the impugned judgment and award passed by the Reference Court, the amount has been deposited by the Acquiring Body on 21.06.2026. The learned advocate for the applicant relying on the order passed by this Court in Civil Application No. 5331/2024, copy of which is placed on record, submits that in the identical first appeal filed by the Acquiring Body, arising out of the same project, same notification, this Court vide order dated 17.10.2024 allowed the claimants to withdraw 100% of the amount along with accrued interest. Therefore, in the present application, the applicant deserves to be allowed to withdraw 100% of the amount. 2. The learned advocate for the Acquiring Body opposes the request. 1/2 2026:BHC-AUG:42451 924 CA 7148 OF 2026.odt 3. After going through the order placed on record at page 33 in Civil Application No. 5331/2024, which is also not disputed by the learned Advocate appearing for the Acquiring Body, in my opinion, it would be appropriate to permit the applicant/claimant to withdraw 100% of the amount of compensation along with accrued interest deposited by the Acquiring Body before this Court, subject to furnishing the usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 4. Civil Application is allowed permitting the applicant to withdraw 100% of the compensation amount along with accrued interest deposited by the Acquiring Body on condition that the applicant shall furnish an undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5. Civil Application for withdrawal stands disposed of. CIVIL APPLICATIONS FOR STAY : 7. Since the entire amount of compensation has been deposited by the Acquiring Body, ad interim stay granted earlier, shall stand confirmed. 8. Civil Application is disposed of. ( SMT. MANJUSHA AJAY DESHPANDE, J.) mkd/- 2/2