Bombay High Court
CA/7612/2025 of THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS Vs MIRABAI RAOSAHEB NAWALE AND ORS on 9 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 7872 OF 2026 IN FAST/18034/2025 MIRABAI RAOSAHEB NAWAL VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR JALNA WITH CIVIL APPLICATION NO. 7611 OF 2025 IN FAST/18034/2025 WITH CIVIL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
935 CIVIL APPLICATION NO. 7872 OF 2026
IN FAST/18034/2025
MIRABAI RAOSAHEB NAWAL
VERSUS
THE STATE OF MAHARASHTRA THROUGH DISTRICT
COLLECTOR JALNA
WITH CIVIL APPLICATION NO. 7611 OF 2025 IN
FAST/18034/2025 WITH CIVIL APPLICATION NO. 7612 OF
2025 IN FAST/18034/2025
...
Advocate for Applicant : Mr. Deepak B. Rasve h/f Mr. Bhise Vitthal Dnyanoba.
AGP for Respondent/s-State : Ms. P. V. Diggikar.
...
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 09.10.2026
PER COURT
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1. The application is filed by the claimants for withdrawal of amount deposited by the acquiring body in the appeal filed by them on 15.07.2026. The entire amount has been deposited by the acquiring body pursuant to the order passed by this Court. Since the decision in the appeal is likely to take some time, in view thereof, the application is filed by the claimants for withdrawal of amount.
2. The applicants are allowed to withdraw 50% of the amount along with accrued interest on the usual undertaking 2026:BHC-AUG:48322
to the satisfaction of the Registrar (Judicial) of this Court and 25% of the amount shall be allowed to be withdrawn by furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.
3. Balance amount shall be invested in the fixed deposit of any nationalized bank.
4. Civil Application stands disposed of. Civil Application for Delay
5. Civil Application has been filed for condonation of delay of 160 days in filing the First Appeal by the acquiring body. The learned advocate for the claimants has already caused appearance after issuing notice.
6. For the reasons stated in the application which are satisfactory, the Civil Application is allowed and accordingly disposed of. Civil Application for Stay
7. Pursuant to the orders passed by this Court on 24.07.2025, granting ad-interim stay on the condition of deposit of entire amount under the award, the appellant has deposited the amount and by way of civil application, the claimants have already been allowed to withdraw 75% of the amount.
8. In view thereof, the stay is confirmed. Civil application stands disposed of. First Appeal
9. In view of condonation of delay, appeal be registered.
10. Admit.
11. Learned advocate Mr. Bhise waives notice on behalf of respondents/claimants.
12. Call for Record and Proceedings from the concerned Court.
13. Returnable on 04.12.2026. (MANJUSHA A. DESHPANDE, J.) ... vmk/-