Bombay High Court
Savala So Tayappa Jadhav Died Through his LRs Malan Savala Jadhav Since Deceased and OthersversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court ordered deletion of the deceased applicant’s name and permitted partial withdrawal of the deposited amount subject to the stipulated undertakings and surety.
Summary
The petitioners filed a civil application (No. 10161 of 2026) seeking deletion of the name of Applicant No.1, who had died on 16 December 2025, from all proceedings before the Court. The Court accepted the death certificate and allowed the deletion, directing it be effected within a week. In a separate civil application (No. 10160 of 2026), the petitioners sought to withdraw the amount deposited by the acquiring body on 6 April 2026. The Court ordered that 50% of the amount, with accrued interest, could be withdrawn upon an undertaking to the Registrar, and an additional 25% could be withdrawn upon furnishing a solvent surety, with the balance to be invested in a nationalised bank. Both applications were disposed of in favor of the petitioners. The orders were pronounced by Justice Manjusha Deshpande on 4 September 2026.
Issues considered
- Whether the name of a deceased applicant can be deleted from pending proceedings.
- Whether the petitioners are entitled to withdraw the deposited amount in the proportions specified, subject to conditions.
Subjects
- deceased applicant
- deletion of party
- withdrawal of deposit
- civil application
- interest
- surety
- court procedure
Judgment
2026:BHC-AUG:41402
1 931-CA-10160-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
931 CIVIL APPLICATION NO. 10160 OF 2026
IN FA/2331/2024
Savala So Tayappa Jadhav Died Through His Lrs Malan Savala Jadhav
Since Deceased And Others
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
WITH
CIVIL APPLICATION NO. 5881 OF 2024
IN FA/2331/2024
The Executive Engineer, Osmanabad Medium Project Division,
Osmanabad
VERSUS
Savala Tayappa Jadhav Died Through His L R S Malan Savala Jadhav And
Others
WITH
CIVIL APPLICATION NO. 10161 OF 2026
IN FA/2331/2024
Savala Tayappa Jadhav Died Lrs Malan Savala Jadhav Since Deceased
And Others
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
...
Mr.Madhav K. Jadhav h/f Mr.Abhijit More for the Applicants.
Adv. V.H. Sagole h/f Ashwini Sandeep Hoge Patil for Respondent No.3.
Ms.Deepali Jape, AGP for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
CIVIL APPLICATION NO. 10161 OF 2026
1. This Civil Application is made for deleting the name of
Applicant No.1 from the entire proceedings pending before this Court. It
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2 931-CA-10160-2026.odt
is stated in the application that the Applicant No.1 died on 16th December,
2025. The Applicant Nos.2 to 7 are his legal heirs hence, they are not
required to brought on record. The death certificate of Applicant No.1 is
placed on record.
2. In view of the averment made in the application, the Civil
Application is allowed and accordingly disposed off. The Applicant No.1
is allowed to be deleted from the entire proceedings. Deletion be carried
out within a period of one week.
CIVIL APPLICATION NO. 10160 OF 2026
3. The Applicants are the claimants. They have filed the Civil
Application for withdrawal of amount, which is deposited by the
Acquiring Body in the appeal filed them. The amount is deposited on 6 th
April, 2026.
4. The Applicants shall be entitled to withdraw 50% of the
amount, along with accrued interest, upon furnishing the usual
undertaking to the Registrar (Judicial) of this Court.
5. The Applicants shall also be entitled to withdraw 25% of the
amount, along with accrued interest, upon furnishing solvent surety to
the satisfaction of the Registrar (Judicial).
6. The remaining amount shall be invested in a Nationalised
Bank for an appropriate period.
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3 931-CA-10160-2026.odt
7. The Civil Application is disposed off.
[ MANJUSHA DESHPANDE, J. ]
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