Bombay High Court
APPARAO BALWANT SABALE DIED THR LRS GOVERDHAN APPARAO SABALEversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that, on the basis of medical evidence of disability, the son may withdraw 75% of the deposited amount on behalf of the applicant.
Summary
The legal representatives of the deceased Apparao Balwant Sabale applied to modify a prior order that allowed the acquiring body to withdraw a deposited award amount. They sought permission for the applicant's son, Goverdhan Sabale, to withdraw the amount on behalf of the bedridden applicant, who suffers from an ischemic stroke and is unable to appear before the court. The court considered the medical report confirming the applicant's disability. Relying on this evidence, the court permitted the son to withdraw 75% of the deposited amount. The application was allowed and the civil application was disposed.
Issues considered
- Whether a disabled, bedridden applicant may be allowed to withdraw a deposited award amount through a representative son.
- Whether the court can modify its earlier order permitting withdrawal of the amount.
Subjects
- civil procedure
- withdrawal of award
- disability
- modification of order
- medical evidence
- legal representatives
Judgment
2026:BHC-AUG:38243
1 933 CA 9460-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
933 CIVIL APPLICATION NO. 9460 OF 2026
IN FIRST APPEAL (ST) NO. 32441 OF 2024
APPARAO BALWANT SABALE DIED THROUGH L.RS. GOVERDHAN
APPARAO SABALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD
AT OSMANABAD
…
Mr. Madhav K. Jadhav h/f. Mr. A.S. More – Advocate for Applicants
Dr. Kalpalata B. Patil-Bharaswadkar – AGP for Respondent(s)/State
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. This application is filed by the legal representatives of the claimant
– Apparao Balwant Sabale. It is submitted that, in the appeal filed by the
acquiring body, this Court directed the acquiring body to deposit the
award amount. Accordingly, the amount has been deposited by the
acquiring body before this Court.
2. The applicants had filed an application seeking withdrawal of the
amount deposited by the acquiring body and, by order dated 02.07.2026,
this Court permitted withdrawal of the said amount.
3. By the present application, the applicants seek modification of the
said order to the extent that the son of applicant No.1, namely, Shrimant
2 933 CA 9460-2026.odt
Goverdhan Sabale, be permitted to withdraw the amount on behalf of
applicant No.1, subject to necessary verification. It is submitted that
applicant No.1 is suffering from disability and is bedridden and,
therefore, is unable to remain present before the Registrar (Judicial) of
this Court.
4. It is, therefore, prayed that the undertaking and other necessary
documents executed on behalf of applicant No.1 through his son be
accepted and applicant No.1 be permitted to withdraw 75% of the
amount deposited.
5. The applicants have placed on record the diagnostic report issued
by the Doctor, wherein it is stated that applicant No.1 is suffering from
CVA – Ischemic Stroke (brain stroke), affecting his mobility and requiring
assistance for his daily activities.
6. In view of the medical papers and the certificate issued by the
Doctor, the application is allowed in terms of prayer clauses ‘A’ and ‘B’.
7. Accordingly, the Civil Application stands disposed of.
[ MANJUSHA DESHPANDE, J. ]
Pooja Kale/
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