The Divisional Controller vs Kalyan S/O Shivaji Kale
2023 Latest Caselaw 11760 Bom

Bombay High Court

The Divisional Controller vs Kalyan S/O Shivaji Kale on 28 November, 2023

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

                                 -1-                 21-CA.4097.2023

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

              CIVIL APPLICATION NO.4097 OF 2023
                      IN FAST/4822/2023
                            WITH
               CA/4098/2023 IN FAST/4822/2023

                THE DIVISIONAL CONTROLLER
                           VERSUS
          KALYAN S/O SHIVAJI KALE AND OTHERS
                               ...
      Advocate for Applicant : Mr. Anand Dnyanoba Wange
      Advocate for Respondent Nos.1 to 4 : Mr. S. S. Dargad
                               ...

                       CORAM : SMT. VIBHA KANKANWADI AND
                               ABHAY S. WAGHWASE, JJ.

DATED : 28th NOVEMBER, 2023

PER COURT :

1. It appears that when the judgment was pronounced by

the learned Tribunal, respondent no.5 was already dead. No steps

were taken by the original claimants to bring the LRs. on record.

2. Under said circumstance, there is no necessity to bring

his LRs on record, so also, no compensation was granted to him,

matter to proceed further.

3. Present application has been filed for condoning the

delay of 76 days caused in filing First Appeal. For the reasons

stated in the application and taking liberal view, the delay stands

condoned. The application stands allowed and disposed of.

-2- 21-CA.4097.2023

4. Registry to verify and register the appeal.

5. It is also submitted on behalf of respondent nos.1 to 4,

who are represented through learned Advocate Mr. S. S. Dargad

that they have filed appeal for enhancement.

6. Under said circumstance, the said appeal bearing First

Appeal No.4092 of 2022 be tagged along with the appeal to be

numbered.

7. In view of the fact that, the entire decreetal amount has

been deposited, the stay granted earlier for the execution of the

impugned award stands confirmed till the disposal of the appeal.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)

Tandale

Signed by: Manoj Tandale Designation: PA To Honourable Judge Date: 29/11/2023 18:56:44