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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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