Bombay High CourtCA/1060/2019disposed offdismissed for default

Pandurang Rangnath Devkate (Died) Thr Lrs Saraswati And ORS v. The Executive Engineer L.M.I. Division, Latur And ORS

2019-01-21Hon'Ble Shri Justice P.R. Bora2 pages

{1} CA 1060.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 CIVIL APPLICATION NO.1060 OF 2019 IN RC/1437/2018 WITH CA/1061/2019 IN RC/1437/2018 PANDURANG RANGNATH DEVKATE (DIED) THR LRS SARASWATI AND ORS

VERSUS

THE EXECUTIVE ENGINEER L.M.I. DIVISION, LATUR AND ORS ...

Advocate for Applicants : Mr.S.V. Gundre AGP for Respondents:Mr. P.M. Kulkarni ...

CORAM : P.R. BORA, J.

Date: January 21, 2019 ...

PER COURT :- The present application is filed for taking on record the legal representatives of the deceased Pandurang Rangnath Devkate who was respondent in First Appeal stamp No.1577 of 2017.

This Court, vide order passed on 26.9.2018, has disposed of the aforesaid appeal since the delay caused in filing the said appeal was not condoned by the Court. Thus the appeal on stamp number impliedly stands disposed of. Now, the present application is filed for taking on record the legal heirs of the respondent i.e. original claimant in the said appeal so that the amount deposited by the acquiring body in the said appeal can be withdrawn by the said Legal Representatives.

{2} CA 1060.19 Since after disposal of the appeal, this Court has become functus ofÏcio in so far as that appeal is concerned, the present application can only be considered by the executing Court in the execution proceedings and the necessary inquiry can also be conducted by the executing Court.

In the circumstances, I deem it appropriate to transmit the amount which has been deposited by the acquiring body in this Court in the aforesaid appeal to the concerned Court I .e. Civil Judge, Senior Division, Latur, which has decided the Land Acquisition Reference. The present applicant may file necessary application before that Court which may adjudicate it in accordance with law on merits as expeditiously as possible. In view of the aforesaid order, the application filed for withdrawal of the amount by the present applicant stands disposed of.

(P.R.BORA) JUDGE vbd