lpa247.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 247 OF 2010 Bhismacharya s/o Digambarrao Suryawanshi .. APPELLANT VERSUS Baburao s/o Narayan Shivalkar & another .. RESPONDENTS Mr. B.N. Patil, advocate for the appellant. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 1 st FEBRUARY, 2011 PER COURT : 1 Heard learned counsel for the appellant. 2 This appeal is directed against the part of the order dated 21 st July, 2010 passed in Writ Petition no. 7451/2009 whereby, while allowing the petition filed by the appellant, he is directed to deposit the entire amount of compensation within the period stipulated in the order. 3 The writ petition was directed against the order dated 11 th September, lpa247.10 2 2009 passed by the Principal District Judge & Ex-Officio Member of Motor Accident Claims Tribunal, Latur dismissing Misc. Application (MACP) No. 13 of 2006, filed by the appellant. The application, which was rejected, was for condonation of delay caused in filing application for setting aside ex parte order passed by the Motor Accident Claims Tribunal. 4 We have perused the order passed by the learned Single Judge. For the reasons recorded in the order, we do not find any reason to interfere with the order / directions issued to deposit the entire amount within the period stipulated in the order. It also appears from the facts of the case that the award was passed by the tribunal in July 2003 and since then the claimants have been waiting for compensation. They cannot be made to further await execution of the award, if they finally succeed before the Motor Accident Claims Tribunal. The appeal is dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb