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Bombay High CourtCA/13096/2022dismissed

Vinayak Pandhari Kendre Died Through Lrs. Sakhubai Vinayak Kendre And ORS. v. The Chief Executive Officer, Zilla Parishad, Latur

2023-10-13Hon'Ble Shri Justice Kishore C. Sant2 pages

1 919-CA 13096-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13096 OF 2022 IN SA/604/2014 Dr. Vinayak Pandhari Kendre Died through his Legal Heirs Sakhubai Vinayak Kendre and others .. Applicants

Versus

The Chief Executive Officer, Zilla Parishad, Latur and others .. Respondents Mr. S. S. Thombre, Advocate for the Applicants. Mr. S. S. Manale, Advocate for Respondent Nos. 1 and 2. CORAM : KISHORE C. SANT, J.

DATED : 13th OCTOBER, 2023.

P. C. :- .

This application is filed with a prayer that directions be issued to the Zilla Parishad, Latur i.e. the appellant in second appeal to grant pensionary benefits of the applicants. Prayer clause (B) reads as below :

(B) Pending the hearing and final disposal of the civil application, the respondent No. 1 i.e. the Chief Executive Officer, Zilla Parishad, Latur and the respondent No. 2 i.e. the District Health Officer, Latur may kindly be directed to grant the pensionary benefits of the applicants and for that purpose issue necessary order.

2 919-CA 13096-2022.odt 2.

This Court finds that, such prayer cannot be entertained by this Court while dealing with second appeal. Therefore, the civil application stands dismissed.

3.

The applicants are at liberty to seek appropriate remedy. ( KISHORE C. SANT, J. ) P.S.B.