Maharashtra Industrial Development Corporation, Amravati Through Its Chief Executive Officer v. Smt. Shantabai Wd/O Dadarao Ithape (Dead) And Others

caf 87018.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CAF No.870/2018 in First Appeal st No.23283/2014 MIDC V Smt. Shantabai and others ******************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************* Mr. P.L. Sagdeo, Advocate h/f Mr. M.M. Agnihotri, Advocate for appellant. Ms Mansi Kadu, Adv h/f Mr. Sanket Puranik, Advocate for resp. nos. 3 to 9. Mr. M.A. Kadu, AGP for resp. nos.10 and 11.

CORAM : AVINASH G GHAROTE, J.

DATE : 30-11-2022 Civil Application (F) No. 2668/2022 is for speaking to minutes in respect of order dated 10-11-2022. Since the application for condonation of delay is yet to be decided, the Reference in para 4 of the order dated 10-11-2022 to F.A. St.No.23283/2014 shall be construed as reference to the Civil Application (F) No.621/2022. The application is therefore allowed.

2.

The corrected or be uploaded.

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Civil Application (F) No. 621/2022, seeks condonation of delay of 2571 days in setting aside abatement in bringing the legal heirs of deceased respondent nos. 1 and 2 on record. On perusal of the memo of appeal it is evident that the respondent nos. 3 to 9 are also the Lrs of respondent nos. 1 and 2 and are already on record and therefore the deceased respondent nos. 2 and 3 as well as their estate is adequately represented, considering which, ther is no delay at all. In view of which the application, though not necessary, is allowed. Civil Application (F) No.622/2022.

For the same reason, the abatement is set aside.

caf 87018.

2/2 Civil Application (F) No.623/2022, seeks to bring on record the remaining legal heirs of the deceased respondent nos.1 and

2. Though the application is objected by learned Counsel for the respondent nos. 3 to 9 and learned AGP for respondent nos. 10 and 11, however, considering that the respondent nos. 3 to 9 are already on record, the application is allowed. The addition be carried out forthwith.

JUDGE Deshmukh