Bombay High Court

SIDRAMAPPA REVANAPPA MENGSHETTY DIED THR LRS HIRABAI DIED THR LRS VARSHA AND ORS.versusTHE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND OTHERS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the withdrawal of the deposited amount upon furnishing a usual undertaking, with interest, and condoned the delay.

Summary

The applicants filed a civil application seeking withdrawal of the amount deposited by the acquiring body in the first appeal, which had been deposited as per a court order directing a 75% deposit with interest. The court noted that in related matters it had already permitted such withdrawal upon furnishing a usual undertaking. The acquiring body’s counsel concurred with the submission. Consequently, the court allowed the application, permitting the applicants to withdraw the deposited amount with accrued interest upon giving a satisfactory undertaking to the registrar. The court also condoned any delay in filing the application and waived service of notice for the respondents.

Issues considered

Whether the court may permit withdrawal of the amount deposited by the acquiring body in the first appeal upon furnishing a usual undertaking
Whether the delay in filing the civil application can be condoned

Subjects

withdrawal of deposit
civil application
stay of execution
interest
condonation of delay

Judgment

2026:BHC-AUG:42292



                                                       1
                                                                     950 CA 10667 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 950 CIVIL APPLICATION NO. 10667 OF 2026
                                              IN FA/1085/2022

                       SIDRAMAPPA REVANAPPA MENGSHETTY DIED THR LRS
                              HIRABAI DIED THR LRS VARSHA AND ORS.
                                                VERSUS
                          THE STATE OF MAHARASHTRA THR COLLECTOR
                                      OSMANABAD AND OTHERS.
                                                    ...
                     Ms. Laxmi R. Thakur h/f. Mr. L. C. Patil, Advocate for
                     Applicants
                     Mr. R. K. Ingole, AGP for Respondent Nos.1 and 2 – State
                     Mr. A. S. Shelke, Advocate for Respondent No.3
                                                   …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 11th September 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 10667 OF 2026

                     .         This Civil Application is filed seeking withdrawal of the

                     amount deposited by the acquiring body/appellant in the first

                     appeal.

                     2.        It is pointed that while granting stay to the execution

                     and operation of the impugned judgment and award, this

                     Court directed the acquiring body to deposit 75% of the

                     amount together with interest out of the entire payable award

                     amount. Such amount is deposited by the acquiring body. On
                                  2
                                                 950 CA 10667 OF 2026

this backdrop, the present application is filed seeking

withdrawal of the amount.

3.    Ms. Laxmi Thakur h/f. Mr. L. C. Patil, learned Advocate

for the applicants places on record order dated 02.12.2024

passed by this Court in a group of matters including Civil

Application No.12701 of 2024 in first Appeal No.1087 of

2022. She would submit that in the connected matters, this

Court has already granted permission to withdraw the entire

amount by furnishing usual undertaking.

4.    Mr. A. S. Shelke, learned Advocate for the acquiring

body would fairly concede the said submission.

5.    In view of this, Civil Application stand allowed.

6.    The applicants are permitted to withdraw the amount

deposited by the acquiring body in this Court by furnishing

usual undertaking to the satisfaction of learned Registrar

(Judicial) of this Court. Needless to mention, the withdrawal

shall carry interest accrued thereon.

FA/1085/2022

7.    It is informed that the delay is already condoned.

8.    Issue   notice   to   the       respondents,   returnable   on

14.10.2026. Learned AGP waives service of notice for
                             3
                                           950 CA 10667 OF 2026

respondent Nos.2 and 3 – State. Ms. Laxmi Thakur h/f. Mr. L.

C. Patil, learned Advocate waives service of notice for the

respondents/claimants.

9.    Call Record and Proceeding.



                                 ( AJIT B. KADETHANKAR, J. )
PRW

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