Bombay High Court

NARSING GOPAL PAWAR SINCE DECEASED THROUGH HIS LRS BHALAJI AND ANOTHER.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR BEED AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: Y G KHOBRAGADE

Holding

The court allowed the application, permitting the withdrawal of Rs.17,85,071 as requested.

Summary

The applicants, heirs of the deceased Narsing Gopal Pawar, filed a civil application seeking the court’s permission to withdraw the remaining claim amount of Rs.17,85,071 instead of the originally claimed Rs.27,85,071. The State of Maharashtra and another respondent were served. The respondents did not raise any objection to the amendment. The court examined the prayer clause (C) of the application. Finding no impediment, the bench allowed the application, permitting the withdrawal of the reduced amount. Consequently, the claim was adjusted as per the applicants’ request.

Issues considered

Whether the court may permit the withdrawal of a portion of the claim amount as sought by the applicants
Whether the absence of objection by respondents bars the withdrawal

Subjects

civil procedure
withdrawal of claim
application under order
court permission
adjustment of claim amount

Judgment

2026:BHC-AUG:10140


                                                                     23-CA-1432-2026.odt




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD
                             23 CIVIL APPLICATION NO. 1432 OF 2026
                               IN CA/10672/2025 IN FA/1891/2017
                  NARSING GOPAL PAWAR SINCE DECEASED THROUGH HIS LRS
                                      BHALAJI AND ANOTHER.
                                              VERSUS
                   THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR
                                          BEED AND ANR.
                                                  .…
                 Mr. H. V. Tungar, Advocate for the Applicants
                 Mr. S. S. Dande, AGP for Respondent No.1 – State
                 Ms Jayshri S. Rodge h/f Mr. S. N. Rodge, Advocate for Respondent
                 No.2
                                                  .…

                                    CORAM : Y. G. KHOBRAGADE, J.

                                         DATE : March 09, 2026
                 PER COURT :-

                 1.          By the present application, the applicants / original
                 claimants seek permission to withdraw the remaining amount of
                 Rs.17,85,071/- instead of Rs.27,85,071/-.


                 2.          The learned counsel appearing for the non-applicants
                 raised no objection.


                 3.          In view of above, civil application is allowed in terms
                 of prayer clause (C).



                                                      [ Y. G. KHOBRAGADE, J. ]
                 SMS



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