Bombay High Court
Gena Anna Rama Kasab Died Through His LRs Dagadabai Gena Kasab Died Sakhubai and OthersversusThe State of Maharashtra Through Collector Osmanabad Dist Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The petitioners are permitted to withdraw the entire amount deposited in the court, together with accrued interest, upon furnishing a satisfactory undertaking to the Registrar.
Summary
The petitioners, heirs of the deceased Gena Anna Rama Kasab, sought to withdraw the entire amount deposited by the Acquiring Body in the court, along with accrued interest, against the State of Maharashtra. The State opposed the withdrawal, arguing that only 50% of the amount had been deposited as per the court's earlier directions. The bench referred to a prior order in Civil Application No.12551 of 2024 and related applications, which allowed similar withdrawals. Relying on that precedent, the court held that the petitioners may withdraw the full deposited sum with interest, provided they furnish the usual undertaking satisfactory to the Registrar (Judicial). Consequently, the civil application was disposed in favour of the petitioners.
Issues considered
- What is the appropriate quantum of the amount that the petitioners may withdraw from the sum deposited by the Acquiring Body?
- Whether the petitioners are entitled to withdraw the entire deposited amount along with accrued interest upon furnishing an undertaking.
Subjects
- civil procedure
- withdrawal of court‑deposited amount
- interest on deposited sum
- application disposal
- precedent
Judgment
2026:BHC-AUG:41486
1 920-CA-10133-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CIVIL APPLICATION NO. 10133 OF 2026
IN FA/1926/2026
Gena Anna Rama Kasab Died Through His Lrs Dagadabai Gena Kasab
Died Sakhubai Shamrao Wagh And Others
VERSUS
The State Of Maharashtra Through Collector Osmanabad Dist
Osmanabad And Others
…
Mr.Madhav Jadhav h/f Mr.Abhijit More for the Applicants.
Ms.Preeti Diggikar, AGP for the Respondent/State.
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
1. Learned Advocate for the Applicants places reliance upon the
order passed by this Court in matters arising out of the same project,
whereby this Court has permitted the claimants to withdraw the entire
amount deposited by the Acquiring Body. Learned Advocate appearing for
the Acquiring Body submits that 50% of the amount has been deposited
pursuant to the directions issued by this Court.
2. In view of the similar order passed by this Court in Civil
Application No.12551 of 2024 and companion Civil Applications, the
Applicants are permitted to withdraw the entire amount deposited in this
Court, along with accrued interest, upon furnishing the usual undertaking
to the satisfaction of the Registrar (Judicial) of this Court.
Sunny Thote
2 920-CA-10133-2026.odt
3. In view of the above, the Civil Application stands disposed of
accordingly.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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