:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 32 OF 2006 IN FIRST APPEAL STAMP NO. 107 OF 1997 WITH CIVIL APPLICATION NO. 1517 OF 2003 AND CIVIL APPLICATION NO. 1518 OF 2003 The State of Maharashtra ..Applicant Vs. 1. Shri Mahadeo Tatba Patil (Deceased) through Legal heirs ..Respondents Mr. A.R. Patil, AGP for applicant. Mr. Manoj Kadam i/by Pratap Patil for respondent nos.1 to 4, 6 to 8. CORAM: B.H. MARLAPALLE,J. CORAM: B.H. MARLAPALLE,J. CORAM: B.H. MARLAPALLE,J. Date : March 05, 2009. Date : March 05, 2009. Date : March 05, 2009. P.C.: P.C.: P.C.: . This is an application to bring on record the LRs of deceased respondent. The death certificate placed on record along with this application indicates that respondent - Mahadeo Tatba Patil died on 15/3/1995 and First Appeal under Stamp No. 107 of 1997 has been filed in February, 1998. Thus the appeal came to be filed against a dead person. :2: However, the award impugned in the appeal is dated 18/3/1994. The law laid down in the case of State of Kerala Vs. Sridevi and ors. [(2000) 9 SCC 168] states that in such a situation Order 1 Rule 10 has to be considered rather than Order 22 Rule 5 of C.P.C. However, the application is filed beyond time by 9 years and 316 days. I have also noticed from the impugned award in the First Appeal that the additional compensation granted is only Rs.24,375/- with consequential benefits of 30% solatium and 12% interest. . Hence, the application is rejected. Consequently registration of First Appeal stands refused. . Civil Application Nos.1517/03 and 1518/03 do not survive and disposed as such. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)