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Bombay High Court

Rangubai Parasram Godse Died Through His LRs Shashikala Bapu RasalversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applicants to withdraw 75% of the deposited amount with accrued interest upon furnishing a satisfactory undertaking.

Summary

The applicants, heirs of the deceased Rangubai Parasram Godse, filed a civil application seeking permission to withdraw the amount deposited by the acquiring body under a court‑ordered award. The entire award amount had been deposited following a judgment dated 7 April 2026. Relying on earlier orders in similar acquisition cases where claimants were allowed to withdraw 75 % of the deposited sum with accrued interest upon furnishing an undertaking, the applicants requested a similar relief. The court, noting the consistency with prior orders, permitted the withdrawal of 75 % of the amount along with interest, subject to an undertaking satisfactory to the Registrar (Judicial). The application was consequently disposed of.

Issues considered

  • Whether the court may permit the applicants to withdraw 75% of the amount deposited by the acquiring body along with accrued interest upon furnishing an undertaking.

Subjects

  • acquisition
  • civil application
  • withdrawal of deposit
  • interest
  • undertaking
  • court order

Judgment

2026:BHC-AUG:41488
                                                 1                        925-CA-10150-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD
                               925 CIVIL APPLICATION NO. 10150 OF 2026
                                          IN FAST/26713/2024

             Rangubai Parasram Godse Died Thr. His Lrs Shashikala Bapu Rasal & Ors.
                                            VERSUS
                The State of Maharashtra Thr. Collector Osmanabad At Osmanabad
                                                ...
             Mr.Madhav Jadhav h/f Mr.Abhijit S. More for the Applicants.
             Ms.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
                                                ...
                                  CORAM        : MANJUSHA DESHPANDE, J.
                                     DATE            : 04.09.2026
             PER COURT :


             1.              The present Civil Application has been filed by the

             Applicants/original claimants seeking permission to withdraw the

             amount deposited by the Acquiring Body. The entire amount payable

             under the Award has been deposited by the Acquiring Body pursuant to

             the order passed by this Court on 7th April, 2026.

             2.              Learned counsel for the Applicants places reliance upon the

             orders passed by this Court in a group of Civil Applications arising out of

             the same acquisition proceedings, whereby the claimants therein have

             been permitted to withdraw 75% of the amount, along with accrued

             interest, upon furnishing an undertaking.

             3.              In view of the aforesaid orders passed in similarly situated

             matters, a similar order is warranted in the present Civil Application.

             Accordingly, the Civil Application is allowed.

             Sunny Thote
                                   2                         925-CA-10150-2026.odt


4.            Accordingly, the Applicants are permitted to withdraw 75%

of the aforesaid amount, along with the accrued interest, upon furnishing

an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.            The Civil Application accordingly stands disposed of.




                                           [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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