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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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