Bombay High Court

TULSIRAM MAHADEO MANE (DEAD) THR LRS KERABAI DIED THROUGH LRS BABURAO AND ORS.versusEXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD (NOW UNDER THE MKVDC LTD, PUNE) AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicants are permitted to withdraw a further 25% of the deposited amount, subject to the usual undertaking and interest.

Summary

The deceased Tulsiram Mahadeo Mane's legal representatives sought to amend their prayer clause to delete a reference to a 50% withdrawal of deposited funds. The court granted leave to amend the prayer and, having already withdrawn the initial 50%, the applicants now requested permission to withdraw an additional 25% of the amount deposited by the acquiring body. The applicants relied on a prior order dated 12 July 2024 in Civil Application No. 6502 of 2024 (First Appeal No. 201 of 2019) which had permitted a similar further withdrawal in related matters. The acquiring body’s counsel agreed to the submission. The bench, after considering the precedent and the acquiescence of the acquiring body, allowed the application, permitting the further 25% withdrawal subject to the usual undertaking and interest on the withdrawn amount. The application was subsequently disposed.

Issues considered

Whether the applicants may amend the prayer clause to delete the reference to a 50% withdrawal.
Whether the applicants are entitled to withdraw a further 25% of the amount already deposited by the acquiring body.

Subjects

civil procedure
amendment of prayer
withdrawal of deposited funds
interest on withdrawal
court order

Judgment

2026:BHC-AUG:41264



                                                       1
                                                                        933-ca-9029-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 9029 OF 2026
                                               IN FA/202/2019

                          Tulsiram Mahadeo Mane (dead) Thr Lrs Kerabai Died
                                      Through Lrs Baburao 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. A. V. Lavte, 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
                                                     933-ca-9029-2026

4.      Mr. E. S. Murge learned Advocate for the applicants-

claimants 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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