Keshav Gyana Acharya Died Thr Lrs ... vs The State Of Maharashtra Thr The ...
2024 Latest Caselaw 6745 Bom

Bombay High Court

Keshav Gyana Acharya Died Thr Lrs ... vs The State Of Maharashtra Thr The ... on 1 March, 2024

                            1                 903-CA.5237-23+1.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

            903 CIVIL APPLICATION NO. 5237 OF 2023
     IN FA/2014/2022 WITH CIVIL APPLICATION NO. 5238 OF
           2023 IN FA/2014/2022 WITH FA/2014/2022

     KESHAV GYANA ACHARYA DIED THR LRS YASHWANT
                KESHAV ACHARYA AND ORS
                        VERSUS
     THE STATE OF MAHARASHTRA THR THE COLLECTOR,
                    LATUR AND ORS

                               .....
        Advocate for Applicant : Mr. Sontakke Gajanan K.
         AGP for Respondents-State : Mr. A. S. Shinde.
       Advocate for Appellants in FA : Mr. S. M. Ganachari.
                               .....

                          CORAM :     S. G. MEHARE, J.

                          DATE :      01.03.2024

PER COURT :-

               Civil Application No.5238 of 2023

1. Again, this is an application by legal heirs of the

deceased respondent for bringing them on record. The fact

reveal that the claimant Keshav died before passing the

impugned judgment and award. No diligence appears to have

been shown by the learned counsel for Keshav before the

Reference Court. The decree was passed against the dead

person. Keshav was the only person claiming the enhancement

of the compensation. Since he died before the award, his

application could not be entertained. Hence, civil application

stands dismissed.

2 903-CA.5237-23+1.odt

Civil Application No.5237 of 2023

2. Considering the order passed in Civil Application

No.5238 of 2023, the civil application for withdrawal of

amount could not be entertained at this juncture. Hence, kept

in abeyance until further orders.

3. It is brought to the notice of the learned counsel for the

appellants, for the first time on 13.03.2023 about the death of

Keshav. Therefore, opportunity granted to the learned counsel

for the appellants to take an appropriate steps, if he desires.

4. Stand over to 19.04.2024.

(S. G. MEHARE, J.)

...

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