Bombay High Court
KASHINATH KARBHARI TOGE DIED THR. LRS. RADHABAIAND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that the applicants may replace the original sureties with a new solvent surety, and the earlier sureties shall be discharged upon satisfactory submission of the new surety.
Summary
The applicants, heirs of the deceased Kashinath Karbhari Toge, filed a civil application seeking to replace the three sureties they had originally offered with a new solvent surety, Neeta Babasaheb Toge, in connection with the withdrawal of a deposited amount by the acquiring body. The acquiring body and the State, represented by their counsel, raised no objection to the replacement provided the interests of the acquiring body and the government remain protected. The Court examined whether the applicants could be permitted to substitute the earlier sureties and under what conditions. It held that the replacement could be allowed, subject to the submission of the new surety and satisfaction of the Registrar regarding its solvency. Accordingly, the Court ordered the Registry to permit the replacement within two weeks and to discharge the earlier sureties only upon satisfactory verification of the new surety. The civil application was thus allowed and disposed.
Issues considered
- Whether the applicants may replace the original sureties with a new solvent surety in the pending civil application.
- Whether the Court can condition the discharge of the earlier sureties on the submission and verification of a new surety.
Subjects
- surety replacement
- civil application
- discharge of surety
- solvency surety
- court order
- registry procedure
Judgment
2026:BHC-AUG:37609
(1) 921 CA 9225 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
921 CIVIL APPLICATION NO. 9225 OF 2026
IN FA/1061/2019
WITH
CIVIL APPLICATION NO. 9226 OF 2026
IN FA/1061/2019
KASHINATH KARBHARI TOGE DIED THR. LRS. RADHABAI AND ORS.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND
ANR.
...
Mr. S. E. Shekade, Advocate for Applicants
Mr. K. B. Jadhavar, AGP for Respondent No.2 – State
Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami, Advocate for Respondent
No.1
…
CORAM : AJIT B. KADETHANKAR, J.
DATE : 19.08.2026
PER COURT :-
CIVIL APPLICATION NO. 9226 OF 2026 IN FA/1061/2019
. Heard Mr. S. E. Shekade, learned Advocate for the Applicants. The
Civil Application is filed for seeking replacement of the sureties which the
applicants had offered while withdrawing the amount deposited by the
appellant/acquiring body in this Court.
2. It is submitted that the applicants have offered sureties namely
1) Kaveri Dilip Andhale, 2) Dilip Vinayak Andhale and 3) Sanjivani Sudhakar
Andhale while withdrawing the amount for applicant No.B Babasaheb
(2) 921 CA 9225 OF 2026
Kashinath Toge. It is further prayed that those sureties be permitted to be
discharged by offering solvent surety namely Neeta Babasaheb Toge.
3. Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami, learned
Advocate for the Acquiring Body and learned AGP have no objection insofar as
the interest of the Acquiring Body and the Government stands protected.
4. For the reasons stated in the Civil Application, the same stands
allowed.
5. The Registry shall permit the Applicants to replace the earlier
sureties offered by the Applicants on submission of new solvency surety as is
observed (supra) within two weeks from today. Needless to mention the
earlier sureties shall be discharged only on submission of the new solvent
surety and to the satisfaction of the learned Registrar (Judicial) of this Court
as regards to the new solvency surety.
6. Civil Application stands disposed of in above terms.
CIVIL APPLICATION NO. 9225 OF 2026 IN FA/1061/2019
7. Stand over to 27.08.2026.
[AJIT B. KADETHANKAR, J.]
PRW
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