Bombay High Court
Ahmad Chandsaheb Sayyad Died Through His Lrs and orsversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the claimants may withdraw the entire 50% deposited amount with interest, subject to an undertaking, while the remaining 50% requires a surety.
Summary
The claimants filed three civil applications seeking the withdrawal of an amount that had been deposited by the acquiring body pursuant to an order dated 21 February 2025, which the court had stayed subject to a 50% deposit. The court examined whether the claimants were entitled to retrieve the deposited sum and what conditions, if any, should be imposed. It held that the claimants could withdraw the entire 50% of the amount along with accrued interest, provided they give a standard undertaking to the Registrar Judicial for that portion. For the remaining 50%, the claimants must furnish a surety to the Registrar Judicial. Accordingly, the applications for withdrawal were allowed and the matters were disposed of.
Issues considered
- Whether the claimants are entitled to withdraw the amount deposited by the acquiring body after the stay order.
- What conditions, if any, must be satisfied for the withdrawal of the deposited amount.
Subjects
- civil procedure
- stay order
- withdrawal of deposit
- surety
- interest
- acquiring body
Judgment
2026:BHC-AUG:38355
1 930-TO-932-CA-9457-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 CIVIL APPLICATION NO. 9457 OF 2026
IN FA/2024/2025
Shahaji Nagnath Gulve Died Through His Lrs And Ors
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
AND
931 CIVIL APPLICATION NO. 9458 OF 2026
IN FA/2023/2025
Ahmad Chandsaheb Sayyad Died Through His Lrs And Ors
VERSUS
The State Of Maharashtra And Others
AND
932 CIVIL APPLICATION NO. 9459 OF 2026
IN FA/2025/2025
Ravindra Vaijinath Kathale
VERSUS
The State Of Maharashtra Thr. Collector Osmanabad Dist Osmanabad
...
Mr.More Abhijit S. for the Applicants.
Ms. Vaishali Chaudhar, AGP for the State in CA/9458/2026.
Ms. Preeti Diggikar, AGP for the State in CA/9459/2026.3
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. These Civil Applications are filed by the claimants seeking
withdrawal of amount deposited by the Acquiring Body by order dated
21st February, 2025, this Court has granted stay subject to deposit of 50%
Sunny Thote
2 930-TO-932-CA-9457-2026.odt
amount by the Acquiring Body. Upon deposit of the said amount the
present Applications are filed by the claimants for its withdrawal.
2. The Applications for withdrawal of amount is allowed. The
Applicants are allowed entire 50% of the amount along with the accrued
interest, subject to condition that the claimants will give usual
undertaking to the Registrar Judicial for 50% of the total amount that is
deposited by the Acquiring Body along. So far as the rest of the 50% is
concerned, the claimants shall furnish the surety to the Registrar Judicial.
3. In view of the above, these Civil Applications are disposed
off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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