:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2068 OF 2007 WITH CIVIL APPLICATION NO. 5820 OF 2008 The State of Maharashtra ..Appellant Vs. Shri Dattatray Tukaram Kharkar ..Respondent Ms. S.P. Manchekar, AGP for appellant-State. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 05, 2009. Date : January 05, 2009. Date : January 05, 2009. P.C.: P.C.: P.C.: 1. Heard the learned AGP. This appeal filed by the State impugns the award dated 31/8/2000 passed by the Reference Court and the respondent-claimant died on 22/8/2002. Though the appeal was filed on or about 19/4/2001 i.e. during the life time of the respondent, delay was condoned by allowing Civil Application No. 4733 of 2003 as per order passed by this court on 30/8/2004 on which date the respondent-claimant was not alive and this fact was :2: not brought to the notice of the court. 2. Hence, we recall the order dated 30/8/2004 passed in Civil Application No. 4733 of 2003. Consequently, appeal stands disposed off. Civil Application No. 5820 of 2008 does not survive and the same shall stand disposed off. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)