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Bombay High CourtCAO/160/2021disposedoff

Vidarbha Irrigation Development Corpn.Thr.Ex.Engnr.Bembla Project, Yavatmal v. Dnyanoba Tukaram Jawade Dead, Through L.Rs. Hansaraj S/O Dnyanoba Jawade And Others

2021-07-07Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (O) NO. 160 OF 2021 AND CIVIL APPLICATION (O) NO. 161 OF 2021 IN CROSS OBJECTION NO. 11 OF 2015 IN FIRST APPEAL NO. 53 OF 2011 (Vidarbha Irrigation Development Corporation, thr. its Executive Engineer, Bembla Project Division, Yavatmal Vs. Dnyanoba Tukaram Jawade (dead) thr. LRs Hansaraj s/o Dnyanoba Jawade (dead) thr. LRs & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Nikhil Waghmare, Advocate h/f Shri P.B.

Patil, Advocate for the appellant.

Shri S.V. Ingole, Advocate for respondent No.1. Ms. H.N. Jaipurkar, A.G.P. for respondent Nos. 2 and 3.

CORAM : PUSHPA V. GANEDIWALA, J.

JULY 07, 2021.

Heard.

2] These applications are for condonation of 600 days delay caused in filing application for setting aside abatement and in bringing the legal representatives of respondent No.1(i), who has expired on 25/05/2019, on record.

3] For the reasons stated in the aforesaid applications and finding them to be satisfactory, the same stand allowed. Delay of 600 days caused

in filing application for setting aside abatement and in bringing the legal representatives of respondent No.1(i) on record, stands condoned. 4] The learned counsel for the appellant is permitted to bring the legal representatives of respondent No.1(i) on record.

5] The learned counsel for the appellant to carry out the amendment/s in First Appeal as well as in Cross Objection within a period of two weeks from today.

6] The Civil Applications accordingly stand disposed of.

CROSS OBJECTION NO. 11/2015.

7] Issue notice to the newly added respondents, returnable after two weeks.

8] Shri S.V. Ingole, learned counsel, waives service of notice for the said respondents.

FIRST APPEAL NO. 53 OF 2011.

9] Put up this matter for final hearing after two weeks.

JUDGE Sumit