The Divisional Controller v. Kalyan S/O Shivaji Kale

-1- 21-CA.4097.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4097 OF 2023 IN FAST/4822/2023 WITH CA/4098/2023 IN FAST/4822/2023 THE DIVISIONAL CONTROLLER

VERSUS

KALYAN S/O SHIVAJI KALE AND OTHERS . . .

Advocate for Applicant : Mr. Anand Dnyanoba Wange Advocate for Respondent Nos.1 to 4 : Mr. S. S. Dargad . . .

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATED : 28th NOVEMBER, 2023 PER COURT :

1.

It appears that when the judgment was pronounced by the learned Tribunal, respondent no.5 was already dead. No steps were taken by the original claimants to bring the LRs. on record. 2.

Under said circumstance, there is no necessity to bring his LRs on record, so also, no compensation was granted to him, matter to proceed further.

3.

Present application has been filed for condoning the delay of 76 days caused in filing First Appeal. For the reasons stated in the application and taking liberal view, the delay stands condoned. The application stands allowed and disposed of.

-2- 21-CA.4097.2023 4.

Registry to verify and register the appeal.

5.

It is also submitted on behalf of respondent nos.1 to 4, who are represented through learned Advocate Mr. S. S. Dargad that they have filed appeal for enhancement.

6.

Under said circumstance, the said appeal bearing First Appeal No.4092 of 2022 be tagged along with the appeal to be numbered.

7.

In view of the fact that, the entire decreetal amount has been deposited, the stay granted earlier for the execution of the impugned award stands confirmed till the disposal of the appeal. (ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) Tandale