Bombay High CourtFA/208/2000dismissedrule discharged

The State Of Mah. And Another. v. Haji Mohammad Ibrahim S/O.Haji Sheikh Hasnu.

2015-02-10Hon'Ble Shri Justice Z.A. Haq2 pages

1002fa208.00.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.208/2000 The State of Maharashtra, through Revenue and Forest Department, Mantralaya, Mumbai - 32 and another ...Versus...

Haji Mohammad Ibrahim s/o Haji Sheikh Hasnu (Appeal Abated) Bharat Petroleum Corporation Ltd., through its authorised officer - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, AGP for appellants Shri A.P. Kalmegh, Advocate for respondent no.1 Shri Abhay Sambre, Advocate for respondent no.2 CORAM : Z.A. HAQ, J.

DATE : 10.02.2015 The learned Advocate representing the respondent no.1 had filed Pursis Stamp No.1738/2011 stating that the respondent no.1 is dead. The learned Registrar (Judicial) by the order dated 19.10.2012 has recorded that as the appellants have not taken any steps to bring the legal representatives of the respondent no.1 on record the appeal is abated against the respondent no.1. The respondent no.1 was the land owner/claimant in the proceedings which had arisen under the Land Acquisition Act, 1894.

Considering the above facts and the nature of dispute involved in the appeal, the appeal is dismissed as abated. No costs.

The amount deposited by the appellants which is kept in fixed deposit along with the interest on it shall be transferred to

1002fa208.00.odt the reference Court (Civil Judge, Senior Division, Amravati). The reference Court shall invest the amount in fixed deposit in the nationalized Bank until it is claimed by either of the parties. JUDGE Wadkar