Bombay High Court

BHAGABAI MAHADEO KADAM DIED THROUGH IT LRS LAXMAN AND ORS.versusEXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD (NOW UNDER THE MKVDC LTD, PUNE) AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The application is allowed, permitting the petitioners to withdraw a further 25% of the deposited amount with interest, subject to the required undertaking.

Summary

The petitioners, represented by Mr. E.S. Murge, sought liberty to amend the prayer clause of their earlier decree by deleting the reference to a 50% withdrawal and to obtain permission to withdraw an additional 25% of the amount they had previously deposited. The court noted that the petitioners had already withdrawn the initially permitted 50% and that the acquiring body’s counsel agreed to the further withdrawal. Relying on a prior order dated 12‑07‑2024 in Civil Application No. 6502 of 2024 (First Appeal No. 201 of 2019), the bench granted the amendment and allowed the withdrawal of the further 25% subject to the usual undertaking and interest on the amount. The order was pronounced by Justice Ajit B. Kadethankar and the application was disposed of.

Issues considered

The court’s jurisdiction to amend the prayer clause to delete the reference to a 50% withdrawal.
Whether the petitioners may be permitted to withdraw a further 25% of the deposited amount in light of the earlier order.

Subjects

withdrawal of deposited amount
amendment of prayer clause
civil application
interest on withdrawn amount
court order

Judgment

2026:BHC-AUG:41263



                                                       1
                                                                        932-ca-9023-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 9023 OF 2026
                                               IN FA/204/2019

                      Bhagabai Mahadeo Kadam Died Through It Lrs Laxman And
                                                   Ors.
                                                VERSUS
                       Executive Engineer, Medium Project Division, Osmanabad
                               (now Under The Mkvdc Ltd, Pune) And Anr.
                                                    ...
                     Mr. E. S. Murge, Advocate for Applicants
                     Mr. R. K. Ingole, AGP for Respondent-State
                     Mr. A. R. Lukhe h/f Mr. A. S. Shelke, Advocate for Respondent
                     no.1
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         At the outset, liberty is sought to correct prayer clause

                     (B), thereby deleting the digits “50%”.

                     2.        Leave granted. Amendment be carried out forthwith.

                     3.        Pursuant to the orders passed by this Court, the

                     applicants have already withdrawn 50% of the amount

                     deposited by the acquiring body. Now, this successive

                     application seeking withdrawal of further 25% of the

                     deposited amount is filed. The reasons requiring the

                     withdrawal are stated in paragraph Nos. 6 to 8 of the

                     application.
                                    2
                                                     932-ca-9023-2026

4.      Mr. E. S. Murge learned Advocate relies upon the order

dated 12.07.2024 passed by this Court in Civil Application No.

6502 of 2024 in First Appeal No.201 of 2019. He would

submit that in the connected matters this Court has granted

permission to withdraw further 25% of the amount.

5.      Mr. A. R. Lukhe h/f Mr. A. S. Shelke, learned Advocate

for the Acquiring Body fairly agrees to the said submission.

6.      In view of this, I pass the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    The applicants are permitted to withdraw
        further 25% of the amount by furnishing the
        usual undertaking to the satisfaction of the
        learned Registrar (Judicial) of this Court.
        c.    Needless to mention, the permitted
        withdrawal shall carry the interest accrued
        thereon.
        d.       Civil Application stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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