Vishwanath Sidram Mule Died through L Rs Babu Vishwanath Mule Vs the State of Maharashtra through Collector and Others and Ors. — Bombay HC (2025) — LawSathi Research

Vishwanath Sidram Mule Died through L Rs Babu Vishwanath Mule Vs the State of Maharashtra through Collector and Others and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to withdraw 75% of the amount deposited by the Acquiring Body, subject to filing the usual undertaking to refund the amount within six weeks of any adverse order in the appeal, with the balance kept in Fixed Deposit in a nationalized bank on yearly renewal basis till disposal of the appeal; civil applications disposed of. Separately, First Appeal FA/2723/2024 admitted, advocates waiving notice, print and paper book dispensed with.

Issue for consideration

Whether the applicants may be permitted to withdraw the amount deposited by the Acquiring Body in connection with First Appeal No. 2723 of 2024, and on what conditions. +1 more

Court's answer

The Court follows the course adopted in the connected matters (orders dated 7.11.2023 and 27.6.2023) and permits the applicants to withdraw 75% of the amount deposited by the Acquiring Body.

Ratio / Principle

Condition of withdrawal: the applicants must file the usual undertaking that, in case any adverse order is passed in the appeal, they shall refund the withdrawn amount within six weeks from the date of this Court's order.

Key takeaways

The balance amount is to be kept in Fixed Deposit in a nationalized bank on yearly renewal basis till disposal of the appeal.ratio¶21
The civil application(s) for withdrawal are accordingly disposed of on the above terms.ratio¶22
First Appeal No. 2723 of 2024 is admitted.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (S.G. Chapalgaonkar, J.; 21 January 2025), in Civil Application No. 130 of 2025 (with Civil Application No. 10647 of 2024) in First Appeal No. 2723 of 2024 — legal representatives of deceased Vishwanath Sidram Mule v. State of Maharashtra through Collector and others. Following its earlier orders dated 7.11.2023 in C.A. No. 13248 of 2023 in First Appeal Stamp No. 20769 of 2021 and dated 27.6.2023 in C.A. No. 7753 of 2023 in F.A. No. 1680 of 2021, the Court permitted the applicants to withdraw 75% of the amount deposited by the Acquiring Body, subject to filing the usual undertaking that, in the event of any adverse order in the appeal, the amount shall be refunded within six weeks of this Court's order, and directed that the balance be kept in Fixed Deposit in a nationalized bank on yearly renewal basis till disposal of the appeal. Applications disposed of. In the appeal: appeal admitted; respective advocates waived notice; print and paper book dispensed with.

{1}

53 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

53 CIVIL APPLICATION NO. 130 OF 2025 IN FA/2723/2024

VISHWANATH SIDRAM MULE DIED THROUGH L RS BABU VISHWANATH MULE

….Applicant

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS AND ORS

…..Respondent

Advocate for Applicant : Mr. Shashikiran N Patil

WITH

CIVIL APPLICATION NO. 10647 OF 2024 IN FA/2723/2024

CORAM : S.G. CHAPALGAONKAR, J.

DATE : 21ST JANUARY, 2025.

ORDER. :-

IN CA FOR WITHDRAWAL

Heard learned advocates for respective parties. The applicant seeks permission to withdraw the amount deposited by Acquiring Body. Learned advocate for applicant brings to the notice fo this Court the order dated 7.11.2023 passed in connected matters i.e. C.A. No. 13248 of 2023 in First Appeal Stamp No. 20769 of 2021 and the order dated 27.6.2023 passed in C.A. No. 7753 of 2023 in F.A. No. 1680 of 2021.

53 sr.no..odt

{2}

In those matters, applicants have been permitted to withdraw 75% of the amount deposited by the Acquiring Body alongwith interest accrued thereon, subject to condition that they shall file usual undertaking and balance amount is directed to be kept in Fixed Deposit in any nationalized bank on yearly renewal basis till disposal of appeal.

Same course can be followed in this case also. Hence, the applicants are permitted to withdraw 75% of the amount on subject to condition that they shall file usual undertaking that in case any adverse order is passed in appeal, they shall refund the amount within six weeks from the date of order of this court and balance amount be kept in Fixed Deposit in any nationalized bank on yearly renewal basis till disposal of appeal.

4. Application is accordingly disposed of.

IN APPEAL

Heard.

Admit.

Respective advocates waives notice.

Print and paper book dispensed with.

grt/-

[S.G. CHAPALGAONKAR, J]