1 fast6863-98 rpa FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL ST. NO. 6863 OF 1998 The State of Maharashtra .. Applicant (Orig. Opponent) V/s. Pandharinath Pandurang Bomble .. Respondent (Since deceased through his LR's) (Orig. Claimants) .... Mr. A. R. Patil, AGP for appellant – State. Mr. Sachin D. Kadam for the legal representative of the respondent. .... CORAM : A.S.OKA, J. DATE : JUNE 14, 2011. P.C.: By consent, taken up for final hearing. This Appeal is directed against the Judgment and Award passed by the trial Court in Land Acquisition Reference No.47 of 1988 which was a Reference under Section 18 of the Land Acquisition Act, 1894. The Reference was made in the year 1988 when the original respondent was alive. The impugned Award was passed on 27th March, 1995. The Reference has been allowed. It appears that the original respondent/claimant died on 1st June, 1989. The said Reference in fact could not have been decided as the legal representatives of the deceased 2 fast6863-98 respondent/claimant were not brought on record till the disposal of the Reference. Hence, the Award made by the Reference Court after the death of the respondent/claimant will have to be set aside and the reference will have to be remanded to the trial Court. 2. Hence, I pass the following order: :: O R D E R :: i. The impugned Judgment and Award only in so far as it pertains to L.A.R. No.47 of 1988 is set aside and the said Reference is restored to the file of the trial Court. ii. It will be open for the respondents (legal representatives of the claimant) to file an application for bringing their names on the record of the Reference. iii. After names of the legal representatives are brought on record, the trial Court will decide the Reference afresh as expeditiously as possible. iv. Appeal is allowed on the above terms with no order as to costs. 3 fast6863-98 v. Civil Application No. 2104 of 1999 does not survive and the same is disposed of. (A.S.OKA, J)