EKNATH CHAGAN SHINDE Vs. PARVATABAI EKNATH SHINDE

JUDGEMENT

(1.) The applicants have preferred these applications to bring their names on record as legal representatives of the deceased respondent no.1 in respective appeals by condoning the delay.

(2.) In brief, it is the contention of learned counsel for the applicants that they are the legal representatives of the deceased respondent no.1 in respective appeals preferred by the appellant -acquiring body. The Reference Court enhanced the compensation vide judgment and awards dated 27.10.2020 and 30.10.2020 passed in respective References made by the deceased respondent No.1. After period of more than six years of the judgment and awards passed by the Reference Court, the acquiring body preferred appeals challenging the said awards along with applications seeking condonation of delay. Pursuant to notice issued to respondent no.1 in said application, the bailiff reported that the respondent no.1 in both the appeals had died on 16.01.2012 and 12.09.2011 respectively. He has also annexed the death certificates in respect of respondent no.1 in both the appeals. After receipt of reports, the appeals were listed before the Court on 03.10.2017. The Advocate representing the appellant - acquiring body sought time to bring legal representatives of the deceased respondents on record. In order to take steps to bring the legal representatives of the deceased on record, the appeals were adjourned and posted on 6th November, 2 017. On 2 8th November, 2 017, the applicants appeared and filed applications through their Advocate to bring their names on record as legal representatives of respondent no.1 in respective appeals, still the appellant has not taken any steps to bring legal representatives on record. However, the delay was condoned though the Respondent No.1 in respective appeals were dead. Even after delay was condoned and the appeals were registered, the appellant - acquiring body has not taken any steps to bringlegal representatives of the deceased Respondent no.1 on record. Appeals were placed before the Lok-Adalat held on 14.07.2018. The appellant - acquiring body withdrawn the appeals. Accordingly, the order as to disposal of appeals as withdrawn passed on 14.07.2 018. It is submitted that the appellant have deposited the amount in terms of award passed by the Reference Court pursuant to the conditional order granting stay passed in both the appeals. In absence of their names brought on record as legal representatives of the deceased Respondent No.1, they are not entitled to withdraw the amount. In order to overcome the situation, they have preferred these applications.

(3.) Learned counsel for the applicants submits that based upon identical facts, this Court has entertained such applications and allowed the legal representatives of the deceased respondent to bring their names on record though the appeals were disposed of. In this context, learned counsel has referred the order dated 14.06.2019 passed by this Court (Coram: Smt.Vibha Kankanwadi, J) in Civil Application No.6487/2019 filed in First Appeal No.198/2018 and the order dated 29.11.2019 passed by this Court (Coram: Mangesh S. Patil, J) in Civil Application No.4965/2019 filed in First appeal No.793/2018.