Bombay High CourtCAO/363/2020disposedoff

The Executive Engineer Bembla Project Division Yavatmal v. Sau. Shilabai W/O Ghanshyam Mandhane And Others

2020-08-25Hon'Ble Shri Justice Manish Pitale2 pages

1 fa 25-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAO) No. 362 of 2020 with Civil Application (CAO) No. 363 of 2020 in Cross Objection (XOB) No. 44 of 2016 in First Appeal No. 25 of The Exe. Engineer, Bembla Project Vs. Shilabai Mandhane and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.G. Palshikar, Advocate for the appellant. Mr. M.M. Agnihotri, Advocate for the respondents No.1 & 2 Mrs. A.R. Kulkarni, AGP for respondents No.3 and 4. CORAM :MANISH PITALE, J.

DATED : AUGUST 25, 2020 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

These applications are filed on behalf of the cross objectors seeking to bring on record legal representatives of deceased cross - objector No.1 as also for condonation of delay and setting aside of abatement. Although there is a delay of 628 days in moving the application for bringing the legal representatives of cross - objector No.1 on record, cogent reasons have been stated explaining the delay. Hence, the applications are allowed. The legal representatives of deceased cross-objector No.1, details of whom are given in paragraph No.1, are permitted to be brought on record. Consequential amendment be carried out within one week.

2 fa 25-2015.odt Applications are disposed of.

First Appeal No. 25 of 2015 The appeal is lying for final hearing and it was held up only due to demise of cross-objector. Hence, appeal and crossobjection can be now taken up for final hearing. The appeal and cross-objection be listed along with First Appeal No. 32 of 2015 for final hearing in the week commencing 14th September 2020.

JUDGE MP Deshpande