The Executive Engineer Irrigation Division Osmanabad-Latur v. Venubai Manik Bhong And ORS

1 10531.2011.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

FIRST APPEAL (ST) NO.16599 OF 2011 The Executive Engineer Irrigation Division Osmanabad - Latur & Ors .. Appellants

VERSUS

Venubai Manik Bhong ..Respondent .....

Advocate for Appellant No.1 : Shri S.V. Kurundkar AGP for Appellants No.2 & 3 : Shri P.M. Kulkarni Advocate for Respondent : Shri A.B. Kale .....

WITH CIVIL APPLICATION NO.501 OF 2019 IN FAST/16599/2011 CIVIL APPLICATION NO.10532 OF 2011 IN FAST/16599/2011 .....

CORAM : P.R. BORA, J.

Dated: January 24, 2019 PER COURT :

1.

It is submitted that, respondent namely Venubai Manik Bhong is reported to be dead. Her legal heirs are not yet brought on record. In view of the fact that, the companion appeals arising out of the same common Judgment and Award are dismissed by this Court, the present appeal also deserves to be dismissed and is accordingly dismissed.

2.

The amount of compensation deposited by the

2 10531.2011.CA.doc Acquiring Body in this Court in the present appeal be transmitted along with the interest accrued thereon to the Executing Court i.e. Ad-hoc Additional District Judge-2, Latur. 3.

It is clarified that, it would be open for the legal heirs of deceased respondent to file an application before the Executing Court for taking their names on record and if such an application is filed, the Executing Court shall consider the said application and in turn may remit the amount of compensation payable to the deceased respondent to his said legal representatives.

4.

Pending Civil Application Nos.501 of 2019 & 10532 of 2011 stand disposed of.

( P.R. BORA, J. ) ...

ggp