Bombay High CourtCAO/415/2016ca disposed off

Vidarbha Irrigation Development Corporation, Through Executive Engineer, Wardha v. Shriram S/O Chandrabhan Kavle, And 2 Others

2016-04-20Hon'Ble Shri Justice Ravi K. Deshpande2 pages

2004cao415.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAO) No.415 of 2016 And Civil Application (CAO) No.718 of 2016 In Civil Application No.2214 of 2014 In First Appeal Stamp No.14583 of 2014 (Vidarbha Irrigation Development Corporation v. Shriram s/o Chandrabhan Kavle and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Abhijit Parihar, Advocate for Applicant/Appellant. Shri C.R. Najbile, Advocate for LRs of Respondent No.1. Shri A.M. Deshpande, AGP for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J.

Date : 20 th April, 2016 Civil Application (CAO) No.415 of 2016 :

This civil application is permitted to be withdrawn, as another Civil Application (CAO) No.718 of 2016 has been filed, which is taken up for consideration.

Civil Application (CAO) No.415 of 2016 is disposed of as withdrawn.

Civil Application (CAO) No.718 of 2016 :

Notice to the proposed legal representatives of the respondent No.1, who has already expired, is made returnable

2004cao415.16.odt forthwith.

Shri Najbile, the learned counsel, waives service of notice for the legal representatives of the respondent No.1, and submits that the application may be decided just now without there being any reply. Shri Deshpande, the learned AGP, waives service of the respondent Nos.2 and 3.

After going through the averments made in the application, which remain uncontroverted, I am satisfied that a sufficient cause is made out for condonation of 1105 days of delay caused in filing an appeal. The case is also made out for setting aside abatement and bringing the legal representatives of the respondent No.1.

Necessary amendment be carried out within a period of two weeks from today.

The civil application is disposed of.

Put up Civil Application No.2214 of 2014 for further orders after Summer Vacation, 2016.

Judge.

Lanjewar