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Bombay High Court

SAUDAGAR SEKU NARWADE (DIED) THRO. LRS. RAHIBAI DIED ABHIMAN DIED THR LRS LAXMI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants, as recognized heirs, are permitted to withdraw the amount deposited by the State along with interest.

Summary

The applicants, heirs of the deceased Saudagar Seku Narwade, filed a civil application seeking permission to withdraw an amount deposited by the State of Maharashtra in a previous civil suit. The State had deposited the amount pending the outcome of First Appeal No. 3158/2016, which was disposed of before the Lok‑Adalat. The applicants relied on an order dated 28 March 2025 from the Joint Civil Judge, Tuljapur, which recognized their heirship certificate. The Court examined the order and found that the applicants were the rightful heirs entitled to the deposited sum. Consequently, the Court allowed the application, permitting the claimants to withdraw the deposited amount along with accrued interest.

Issues considered

  • Whether the applicants, as heirs, are entitled to withdraw the amount deposited by the State in the pending civil suit
  • Whether the order of the Joint Civil Judge recognizing the heirship certificate is sufficient to grant withdrawal

Subjects

  • heirship certificate
  • withdrawal of deposited amount
  • civil application
  • Lok‑Adalat
  • interest
  • succession

Judgment

2026:BHC-AUG:41784



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             87 CIVIL APPLICATION NO. 9473 OF 2026
                                         IN FA/3158/2016

             SAUDAGAR SEKU NARWADE (DIED) THRO. LRS. RAHIBAI DIED ABHIMAN
                               DIED THR LRS LAXMI AND ORS.
                                          VERSUS
             THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD
                                         AND ANR.
                                              ...
                           Advocate for Applicant : Mr. P.S. Chavan
                          AGP for Respondent/State : Mr. B.A.Shinde
                                              ...

                                       CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                       Dated        : September 07, 2026

            PER COURT :-

            1.     First Appeal No. 3158/2016 is disposed of before the Lok-Adalat.

            2.     By this application, the applicants/original claimants are seeking

            permission to withdraw the amount deposited by the State. The learned

            counsel for the applicants tenders the copy of the order dated 28.3.2025

            passed by the learned Jt. Civil Judge, J.D., Tulkajpur in C.M.A. No.

            128/2025. The same is taken on record and marked as ‘X’ for identification.

            3.     Considering the above order passed by the Jt.C.J.J.D., Tuljapur about

            heirship certificate, the claimants are permitted to withdraw the amount

            deposited by the respondent No. 1 in FA No. 3158/2026 along with interest

            accrued thereon. The application is allowed and disposed of accordingly.



                                                     ( SIDDHESHWAR S. THOMBRE, J. )

            ssc/


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