Bombay High Court

Indrajit So Krunaji JadhavversusThe State of Maharashtra Through, Collector

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants may withdraw the entire amount deposited upon furnishing an undertaking, and the stay application is allowed.

Summary

The petitioners filed a civil application seeking to withdraw the amount deposited by the acquiring body in an appeal. The High Court had previously ordered that 75% of the disputed amount be deposited by the acquiring body. The court held that, given the deposit, the claimants may withdraw the entire amount deposited, provided they furnish a satisfactory undertaking to the Registrar within four weeks. Consequently, the application for withdrawal was disposed, and the related application for a stay was allowed. The order was pronounced by Justice Manjusha Deshpande on 3 September 2026.

Issues considered

Whether the claimants are entitled to withdraw the entire amount deposited after the acquiring body deposited 75% of the amount.
Whether the civil application for a stay should be granted in view of the withdrawal of the amount.

Subjects

civil procedure
withdrawal of amount
stay order
appeal
deposit
court order

Judgment

2026:BHC-AUG:41090


                                                   1                       1115.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 7527 OF 2026
                                       IN FA/1936/2026
                                           WITH
                             CIVIL APPLICATION NO. 13964 OF 2025
                                       IN FA/1936/2026
                                INDRAJIT SO KRUNAJI JADHAV
                                              VERSUS
                     THE STATE OF MAHARASHTRA THROUGH, COLLECTOR
                                                  ...
                           Advocate for Applicant : Mr. Shashikiran N. Patil
                        AGP for Respondent/s – State : Ms. Vaishali Chaudhari
                         Advocate for Respondent No. 3 : Mr. Rahul A. Tambe
                                                 …

                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 03rd SEPTEMBER, 2026


              PER COURT :

              1.            This Application has been filed for withdrawal of amount by

              the claimants in the Appeal filed by the acquiring body.


              2.            By order passed by this Court, 75% of the amount is

              deposited by the acquiring body.


              3.            In view of the deposit of 75% of the amount in this Court,

              the Claimants are allowed to withdraw the entire amount deposited in this

              Court, upon furnishing an undertaking to the satisfaction of the Registrar

              (Judicial) of this Court, within a period of four weeks.
                                   2                        1115.odt


4.           Civil Application for withdrawal of amount, stands disposed

of.


5.           In view of the Withdrawal of amount, the Civil Application

for stay is allowed.




                                   ( MANJUSHA DESHPANDE, J. )




SPC

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