The Ex. Engineer, Minor Irrigation Division, Jalgaon v. Kamalbai Suresh Patil And ANR

( 1 ) ca2637.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2637 OF 2021 IN FAST NO.36974 OF 2019 THE EX.ENGINEER, MINOR IRRIGATION DIVISION, JALGAON VERSUS FAKIRA DADAMIYA AND ANR.

AND C.A.NO.2639 OF 2021 IN FAST NO.36971 OF 2019 C.A.NO.2643 OF 2021 IN FAST NO.36954 OF 2019 Mr.S.S. Chillarge, Advocate for the applicant. Mr.Vaibhav Deshmukh h/f. Mr.A.B. Kale, Advocate for the respondent-claimant.

Mr.P.M. Kulkarni, AGP for respondent/State.

CORAM : N.J.JAMADAR, J.

DATE :

11.03.2021 PC :- 01.

These applications are preferred seeking condonation of delay in bringing legal representatives of respondent No.1-original claimant on record.

02.

Learned Counsel for the respondent-original claimant submits that the legal representatives of respondent-original claimant have no objection to bring them on record.

03.

For the reasons assigned in the applications and to advance cause of substantive justice, the delay in taking out the application to set aside abatement and bring legal representatives of deceased respondent No.1-

( 2 ) ca2637.21 original claimant stands condoned.

04.

The applications stand allowed in terms of prayer clauses (B) and (C).

05.

Abatement stands set aside.

06.

The applicant is permitted to bring legal representatives of respondent No.1-original claimant on record.

07.

Necessary amendment be carried out in the appeal memo and pending applications within a period of four weeks.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca2637.21