Bombay High Court
The Ex. Engineer, Minor ... vs Riyaz Shah Shabbir Shah Fakir on 14 January, 2021
Bench: V.L. Achliya
8117.20CA.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.8117 OF 2020
IN FIRST APPEAL [STAMP] NO.28632 OF 2019
WITH
CIVIL APPLICATION NO.8553 OF 2020 IN FIRST
APPEAL [STAMP] NO.28632 OF 2019
WITH
CIVIL APPLICATION NO.11290 OF 2019
IN FIRST APPEAL [STAMP] NO.28632 OF 2019
WITH
CIVIL APPLICATION NO.11291 OF 2019
IN FIRST APPEAL [STAMP] NO.28632 OF 2019
...
GOVARDHAN RAMA CHAMBHAR [DECEASED] THROUGH
L.RS. GANGABAI GOVARDHAN CHAMBHAR & OTHERS
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION
DIVISION, JALGAON & OTHERS
WITH
FIRST APPEAL NO.743 OF 2020
WITH CIVIL APPLICATION NO.11276 OF 2019
[THE EXECUTIVE ENGINEER, MINOR IRRIGATION
DIVISION, JALGAON & OTHERS
VERSUS
RIYAZ SHAH SHABBIR SHAH FAKIR]
WITH
FIRST APPEAL NO.744 OF 2020
WITH CIVIL APPLICATION NO.11286 OF 2019
[THE EXECUTIVE ENGINEER, MINOR IRRIGATION
DIVISION, JALGAON & OTHERS
VERSUS
MOHAN INDRASINGH PATIL DECEASED HIS LEGAL
HEIRS VIDYA MOHANSING PATIL & OTHERS]
WITH
FIRST APPEAL NO.745 OF 2020
WITH CIVIL APPLICATION NO.11288 OF 2019
[THE EXECUTIVE ENGINEER, MINOR IRRIGATION
DIVISION, JALGAON & OTHERS
VERSUS
AYNURBI RAJJAK TADAVI]
::: Uploaded on - 18/01/2021 ::: Downloaded on - 07/02/2021 19:44:49 :::
8117.20CA.odt
2
WITH
FIRST APPEAL NO.3049 OF 2019
WITH CIVIL APPLICATION NO.11289 OF 2019
[THE EXECUTIVE ENGINEER, MINOR IRRIGATION
DIVISION, JALGAON & OTHERS
VERSUS
KAILASH VITTHAL PARADESHI & ANOTHER]
...
Mr.V.B.Patil, Advocate for
the applicants-
claimants
Mr.S.D.Dhongade, Advocate for the respondent
nos.1 and 2.
Mr.A.A.Jagatkar, AGP for the State.
...
CORAM : V.L.ACHLIYA,J.
DATE : 14.01.2021
P.C.
1] The applicants - appellants have
taken out Civil Application No.8553 of 2020
to bring the legal representatives of the
deceased respondent on record. It is claimed
that the deceased Govardhan has died on
03.03.2019 and in order to prosecute appeal,
it is necessary to bring the legal
representatives of deceased respondent on
record by setting aside deemed order of
abatement. The legal representatives of the
deceased respondent, namely, Govardhan though
not brought on record, they themselves
appeared and filed Civil Application No.8117
of 2020 seeking withdrawal of the amount.
8117.20CA.odt
2] During the course of submission
advanced, it was transpired that deceased
respondent - Govardhan had died on
03.03.2019. The impugned judgment and award
passed on 04.04.2019. Thus, the death of the
sole respondent i.e. claimant in said
reference occurred much prior to the
pronouncement of the judgment and order by
the Reference Court. Perusal of the copy of
the judgment nowhere reflects that the case
was reserved for judgment before death of the
deceased respondent i.e. original claimant /
applicant before the Reference Court. In the
event, the death has occurred prior to the
judgment pronounced in the case; it is to be
examined as to whether award passed sustain
in law. In order to assess the factual
position, it is necessary to call R. & P.
3] Call R. & P. and put up with R. & P.
on 22.02.2021.
[V.L.ACHLIYA]
JUDGE
DDC
