Executive Engineer, V.I.D.C. Nagpur Division, Yavatmal v. Vithhal Dattuji Rajurkar And Others

(1) 25.caf.210.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.677 OF 2023 AND CIVIL APPLICATION (CAF) NO.675 OF 2023 IN FIRST APPEAL STAMP NO.18762 OF 2019 Executive Engineer Vidarbha Irrigation Development Corporation, Nagpur Vs.

Vithhal Dattuji Rajurkar and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Ira P. Khisti, Advocate for appellant.

Ms. T. Udeshi, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 27/03/2023 1.

Present applications are filed for condonation of delay and setting aside the abatement as the respondent No.1 is reported to be dead. As per contention of the appellant, when the notice on delay condonation application was issued, at the relevant time appellant came to know that respondent No.1 is dead, and therefore, appellant could not take steps to bring the legal heirs within time on record.

2.

In view of the reasons mentioned in the application, delay is condoned, which is caused to file an application for setting aside abatement order. The abatement order passed against respondent No.1 is hereby set aside.

3.

Civil Application Nos.677/2023 and 675/2023 are disposed of.

(2) 25.caf.210.2020 Civil Application (CAF) No.

678/ Issue notice to the proposed legal heirs, returnable in four weeks.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:47