Bombay High Court

Bhaskar Shrirang Bhojane Died Through LRs Sangita Bhaskar Bhojane Thr Lrs Avinash Bhaskar BhojaneversusThe State of Maharashtra Through the Collector Osmanabad

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

Holding

The court allowed the application partially, permitting release of 50% of the amount on an undertaking and the remaining 50% on a solvent surety/security.

Summary

The petitioners, legal heirs of the deceased Bhaskar Shrirang Bhojane, filed a civil application seeking to bring additional heirs on record and to withdraw Rs.15,79,772 deposited by the State of Maharashtra. The court condoned a 610‑day delay in adding the heirs, finding it unintentional, and held that the cause of action survived against them. The petitioners also requested the release of the deposited amount, citing similar cases where claimants were allowed to receive the sum in two halves. The bench observed that precedent permits a 50% release upon furnishing an undertaking and the remaining 50% upon providing a solvent surety or security. Accordingly, the application was allowed in part: 50% of the amount with accrued interest was ordered to be released on an undertaking, and the balance 50% on a satisfactory surety/security. The necessary amendment to the order was directed to be made.

Issues considered

Whether the 610‑day delay in bringing additional legal heirs on record can be condoned.
Whether the petitioners are entitled to withdraw the deposited amount of Rs.15,79,772.
What conditions, if any, should be imposed for the release of the deposited amount.

Subjects

legal heirs
condonation of delay
withdrawal of deposit
surety
undertaking
civil application
High Court of Bombay

Judgment

                               1                 39-CA.417-26 & ors.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

              39 CIVIL APPLICATION NO. 417 OF 2026
                         IN FA/3100/2024
   BHASKAR SHRIRANG BHOJANE DIED THROUGH LRS
SANGITA BHASKAR BHOJANE THR LRS AVINASH BHASKAR
                    BHOJANE
                     VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                  OSMANABAD

                             WITH
               CIVIL APPLICATION NO. 465 OF 2026
                        IN FA/3100/2024
                                 ...
     Advocate for Applicant : Ms. L. R. Thakur h/f Mr. Patil L. C.
        AGP for Respondent/s-State : Mr. S. N. Morampalle.
       Advocate for Respondent No.3 : Ms. Sunita D. Shelke.
                                 ...

                            CORAM : SHAILESH P. BRAHME, J.
                            DATE : 13.01.2026

PER COURT :-


                  Civil Application No.465 of 2026


1.       Applicant seeks to bring legal heirs of applicant No.1

Sangita Bhaskar Bhojane on record. Applicant Nos.2 and 3

who are already on record are her heirs. The delay of 610 days

shall stand condoned because it is unintentional. The cause of

action survives against the legal heirs.


2.       Application is allowed in terms of prayer clauses “A to

C”.
                             2                  39-CA.417-26 & ors.odt




3.      Necessary amendment shall be carried out.


                 Civil Application for Withdrawal


4.      Heard both sides.


5.      Applicants seek to withdraw amount of Rs.15,79,772/-

deposited by the respondent/acquiring body. My attention is

adverted to orders passed in similarly situated matters

permitting the claimants to receive the amount. In similarity of

the circumstances, the claimants were permitted to receive

50% of the amount on furnishing undertaking and 50% of the

amount on furnishing solvent surety/security.


6.      Civil application is allowed partly permitting the

applicants to receive 50% with accrued interest on furnishing

undertaking and balance 50% on furnishing solvent surety/

security to the satisfaction of the Registrar (Judicial).




                                       (SHAILESH P. BRAHME, J.)

                                 ...

vmk/-

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