V. I. D. C. Through Executive Engineer, Project Construction, Yavatmal And Another v. Mohan Ramchandra Pawar And 2 Others
922caf531.19.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 531 OF 2019 IN CIVIL APPLICATION (CAF) NO. 2329 OF 2018 IN FIRST APPEAL STAMP NO. 33 OF 2018 V.I.D.C., through its E.E., Yavatmal Project Construction Division, Yavamtal and another.
V/s Mohan Ranchandra Pawar (since dead) and others. --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri Vinay Dahat, counsel for the appellants. Shri R.J. Shinde, counsel for the respondent No.1. Shri I.J. Damle, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.
DATE: 12-03-2019.
Heard learned counsel for the appellants.
Perused the application. It appears that the respondent No.1 is dead. There is delay of 331 days in filing the application for bringing on record the legal heirs of respondent No.1 which are shown in para-3 of the application. Shri R.J. Shinde, learned counsel appears on behalf of these legal heirs.
For the reasons stated in the application, delay is condoned, abatement is set aside and application is allowed. Legal heirs of respondent No.1 be brought on record. In the meanwhile, appeal memo as well as civil application be amended accordingly.
Amendment be carried out forthwith.
922caf531.19.odt 2 CIVIL APPLICATION (CAF) NO. 2329 OF 2018 Heard learned counsel for the appellants.
Perused the application. There is delay of 524 days in filing the appeal. For the reasons stated in the application, delay is condoned. Civil application is allowed.
FIRST APPEAL STAMP NO. 33 OF 2018 Heard.
Admit.
Call for record and proceedings.
Shri R.J. Shinde, learned counsel waives service for the respondent Nos. 1(A) to 1(D) and Shri I.J. Damle, learned AGP waives notice for the respondent Nos. 2 and 3. JUDGE rkn