Bombay High CourtCAO/225/2019admittedallwdgrantedrule absolute

Executive Engineer, Minor Irrigation Division No.Ii, Washim v. Laxman S/O Hirasingh Aade And Another

2019-04-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1804cao224.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.224/2019 IN CIVIL APPLICATION (CAF) NO.3117/2017 IN FIRST APPEAL ST. NO.7851/2017 Executive Engineer, Minor Irrigation Division No.II, Washim, Tah. And District Washim ...Versus...

Laxman s/o Hirasingh Aade (D) The Collector, Washim through Sub Divisional Officer and Special Land Acquisition Officer, Mangrulpir, Tah. Mangrulpir, Distt. Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Bhoyar, Counsel for applicant Shri N.M. Kolhe, Counsel for L.Rs. of no.1 Shri D.J. Sharma, Counsel for R-1 (B) & 1 (C) Shri I.J. Damle, AGP for respondent no.2 CORAM : ARUN D. UPADHYE, J.

DATE : 18/04/2019 Heard.

Perused the application. There is a delay of 32 days caused in filing the application for setting aside the abatement in bringing the legal heirs of deceased respondent no.1 on record.

For the reasons stated in the application, the delay caused in filing the application for setting aside abatement is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

1804cao224.19.odt CIVIL APPLICATION (CAO) NO.225/2019 Heard.

Perused the application.

For the reasons stated in the application, the same is allowed. The legal heirs of deceased respondent no.1 be brought on record. Amendment be carried out in the application for condonation of delay in filing the first appeal as well as the memo of appeal accordingly.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.