Bombay High Court

MALHARI SHANKAR WAGHMARE DIED THR LRS KALAWATI DIED THR LRS KANTABAI AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the withdrawal of the balance amount pending in the court by applicants 4 and 5, with interest.

Summary

The applicants filed a civil application seeking the court’s permission to withdraw the balance amount that had been deposited by the acquiring body. The first appeal in the matter had already been dismissed by the court on 27 July 2026. The applicants argued that, following the dismissal, they should be allowed to withdraw the remaining funds, and that other claimants had waived their rights in favour of applicants numbered 4 and 5. The respondent State agreed that withdrawal could be permitted. The court, noting its earlier order of 3 July 2024 which allowed withdrawal only to applicants 4 and 5, allowed the present application, permitting those two applicants to withdraw the balance amount with accrued interest.

Issues considered

Whether the court may permit withdrawal of the balance amount pending after the dismissal of the first appeal
Whether the waiver of rights by other claimants affects the entitlement of applicants 4 and 5 to withdraw the amount

Subjects

withdrawal of court deposit
civil application
waiver of rights
compensation
interest
appeal dismissal

Judgment

2026:BHC-AUG:42876



                                                       1
                                                                       935-ca-10791-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10791 OF 2026
                                              IN FA/1269/2021

                      Malhari Shankar Waghmare Died Thr Lrs Kalawati Died Thr
                                          Lrs Kantabai And Ors.
                                                VERSUS
                      The State Of Maharashtra, Through Collector, Osmanabad
                                                And Anr.
                                                    ...
                     Mr. V. V. Ingale, Advocate for Applicants
                     Mr. R. K. Ingole, AGP for Respondent-State
                                                   …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 16TH SEPTEMBER, 2026

                     P.C. :-

                     .         The present Civil Application is filed seeking permission

                     to withdraw the balance amount pending in this Court

                     deposited by the Acquiring Body.

                     2.        Mr. V. V. Ingale, learned Advocate for the applicants

                     submits that the First Appeal is already dismissed by this

                     Court vide order dated 27.07.2026. He submits that since the

                     appeal is already dismissed, the application be allowed

                     permitting the applicants to withdraw the balance amount. A

                     copy of the order dated 27.07.2026 is annexed to the

                     application.
                                 2
                                                 935-ca-10791-2026

3.      Mr. R. K. Ingole, learned AGP fairly submits that in view

of the dismissal of the First Appeal, the claimants may be

permitted to withdraw the balance amount.

4.      Mr. V. V. Ingale, learned Advocate for the applicants

submits that the other applicants have waived their right in

favour of the applicant nos.4 and 5 for the compensation. He

would point out earlier order passed by this Court on

03.07.2024 wherein also this Court has allowed withdrawal

only to applicant nos.4 and 5.

5.      In view of the above, Civil Application stands allowed.

The applicant nos.4 and 5 are permitted to withdraw the

balance amount pending in this Court. Needless to mention,

the withdrawal shall carry interest accrued thereon.



                                     ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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