1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. NO. 8179 OF 2007 IN FIRST APPEAL ST. NO. 7241 OF 2007 State of Maharashtra thr Collector Buldhana Vs. Bhimrao Gangaram Jadhao Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: C. L. PANGARKAR J. Dated: 11 th AUGUST, 2009. This appeal is preferred by the State against the award passed by the Civil Judge Senior Division in reference case No. 108 of 1993. Civil Judge had decided many reference cases by a common order. Present respondent was the applicant in Land Acquisition Case No. 108/93 since he had sought a reference under Section 18 against the award passed by the Land Acquisition Officer. 2 The said reference was pending before the Civil Judge Senior Division and the reference came to be decided by the said Civil Judge Senior Division on 08.02.2005. Thereafter this appeal came to be filed. Upon the report received from the bailiff it appears that the respondent i.e. Bhimrao Gangaram Jadhav had died. Therefore applications for bringing legal representatives on record and setting aside abatement were filed. Date of death as can be seen from the certificate issued by the Tahsildar is 26.01.2004. It is obvious from the date of death that present respondent Bhimrao died when the reference was pending before the Civil Judge Senior Division. The said reference came to be decided without bringing legal representatives of respondent Bhimrao on record. Obviously award passed by the Civil Judge Senior Division in such reference No. 108 of 1993 is therefore a nullity, the same having been passed against a dead person. Appeal itself therefore is not maintainable. Consequently civil applications filed therein are also directed to be filed. Appeal is dismissed as not maintainable. JUDGE svk 3 4 5 6