State Of Maharashtra. v. Shankar Narayan Naik And ORS.

915 fa 39-93.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 39 OF 1993 State of Maharashtra ..Appellant.

v/s.

Shankar Narayan Naik & Ors ..Respondents Ms. Tanaya Goswami, AGP for the Appellant-State. Mr. V.V.Pai for the Respondent No.6.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 12th JULY, 2022.

P.C.

1.

This is an application under Section 54 of the Land Acquisition Act assailing judgment dated 29.07.1991 in LAR/200/1987. The records indicate that the appeal has abated against Respondent No.1, 11, 12 and 16 as per the Registrar's Order dated 26.11.2018 and 6.11.2018. Till date, no steps have been taken for setting aside abatement and/or to bring on record the legal representatives of deceased Respondent No.1, 11, 12 and 16.

2.

Under the circumstances, the appeal as a whole stands abated, as it would otherwise lead to inconsistent awards, which is not permissible under law.

Digitally signed by PRASANNA P SALGAONKAR Date:

2022.07.14 12:29:31 +0530 (ANUJA PRABHUDESSAI, J.) PRASANNA P SALGAONKAR P P SALGAONKAR