Bombay High Court
Ravindra Vaijinath KathaleversusThe State of Maharashtra Through Collector Osmanabad Dist Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the withdrawal of the 50% amount with interest, subject to an undertaking and a surety for the remaining 50%.
Summary
The claimants, legal representatives of deceased persons, filed civil applications seeking the withdrawal of an amount that had been deposited by the Acquiring Body following a court-ordered stay dated 21 February 2025. The High Court had earlier stayed the withdrawal pending the deposit of 50% of the amount by the Acquiring Body. The present applications request the release of that 50% amount along with accrued interest. The Court allowed the withdrawal of the entire 50% amount, conditioned on the claimants furnishing a standard undertaking to the Registrar Judicial and providing a surety for the remaining 50% of the deposited sum. The Court ordered that the applications be disposed of accordingly.
Issues considered
- Whether the claimants are entitled to withdraw the 50% amount deposited by the Acquiring Body after the stay order
- Whether any conditions such as an undertaking or surety should be imposed on the withdrawal
Subjects
- Civil Procedure
- Stay Order
- Withdrawal of Deposit
- Acquiring Body
- Surety
- Interest
- High Court
Judgment
2026:BHC-AUG:38356
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. ]
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