Bombay High Court

DIGAMBAR RAMA DEVKAR DIED THROUGH LRS MARUTI DIGAMBAR DEVKARversusThe State of Maharashtra Through the Collector Osmanabad

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The Court allowed the applicant to withdraw 75% of each deposited amount with interest upon an undertaking and the remaining 25% upon furnishing a satisfactory surety or security.

Summary

The applicant, Digambar Rama Devkar (deceased) through his legal representatives, filed two civil applications seeking the withdrawal of amounts deposited in First Appeal No. 392 of 2025 (Rs. 38,28,652) and First Appeal No. 395 of 2025 (Rs. 19,90,249). The Court noted that in a related matter (First Appeal No. 397 of 2025) it had allowed claimants to receive the entire deposited sum with accrued interest subject to certain conditions. Applying the same principle, the Court ordered that the applicant could receive 75% of each deposited amount together with interest upon furnishing an undertaking, and the remaining 25% upon providing a solvent surety or security satisfactory to the Registrar (Judicial). The order was made by Justice Shailesh P. Brahme on 2 February 2026. Consequently, the civil applications were disposed of in favour of the applicant.

Issues considered

What conditions, if any, must be satisfied for the applicant to withdraw the amounts deposited in the appeals?

Subjects

withdrawal of deposit
civil appeal
interest on deposit
surety
court order
High Court of Bombay
connected matters

Judgment

2026:BHC-AUG:4570




                                                1                         62 ca 1283.26

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 1283 OF 2026
                                             IN
                                 FIRST APPEAL NO. 392 OF 2025

                          Digambar Rama Devkar
                          Since deceased through his L.Rs.
                          Maruti Digambar Devkar                  .. Applicant
                                Versus
                          The State of Maharashtra, through the
                          Collector Osmanabad and others          ..   Respondents

                                            WITH
                              CIVIL APPLICATION NO. 1286 OF 2026
                                             IN
                                 FIRST APPEAL NO. 395 OF 2025

                          Digambar Rama Devkar
                          Since deceased through his L.Rs.
                          Maruti Digambar Devkar                  .. Applicant
                                Versus
                          The State of Maharashtra, through the
                          Collector Osmanabad and others          ..   Respondents

                    Shri Laxmikant C. Patil, Advocate for the Applicant.
                    Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2.
                    Shri Anil M. Gaikwad, Advocate for the Respondent No. 3.

                                     CORAM : SHAILESH P. BRAHME, J.
                                      DATE : 02ND FEBRUARY, 2026.

                    FINAL ORDER :


                    .     Applicant seeks to withdraw amount of Rs. 38,28,652/-
                    deposited in First Appeal No. 392 of 2025 and Rs. 19,90,249/-
                    deposited in First Appeal No. 395 of 2025.
                                 2                             62 ca 1283.26



2.    In connected matters this Court permitted the claimants to
receive entire amount deposited with accrued interest on certain
conditions vide order dated 11.08.2025 passed in First Appeal
No. 397 of 2025 with other connected matters.


3.    I propose to follow the same court. The civil applications
are allowed permitting the applicant to receive 75% of the
amount        deposited   with       accrued   interest   on   furnishing
undertaking and 25% of the amount deposited on furnishing
solvent surety/security to the satisfaction of the Registrar
(Judicial) of this Court. The civil applications are disposed of.

                                     [ SHAILESH P. BRAHME J. ]


bsb/Feb. 26

Continue reading with your account

Checking your session…