Bombay High CourtCAO/565/2018admittedallwdgrantedrule absolute

Executive Engineer, (V.I.D.C.), Bembla Project Division, Yavatmal v. Hukumchand Uttamchand Kotecha And Others

2019-03-08Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0803cao565.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.565/2018 IN CIVIL APPLICATION (CAF) NO.2957/2016 IN FIRST APPEAL ST. NO.8157/2016 Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal, Tal. & Dist. Yavatmal ...Versus...

Hukumchand Uttamchand Kotecha and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, Counsel for applicant Mrs. Geeta Tiwari, AGP for respondent nos.4 and 5 CORAM : ARUN D. UPADHYE, J.

DATE : 08/03/2019 Heard.

Perused the application. There is a delay of 456 days caused in setting aside the abatement and bringing legal heirs of deceased respondent no.3 on record.

For the reasons stated in the application, the delay caused in setting aside the abatement and bringing legal heirs of deceased respondent no.3 on record is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

0803cao565.18.odt CIVIL APPLICATION (CAO) NO.566/2018 Heard.

Perused the application.

For the reasons stated in the application, the abatement is set aside. The civil application is allowed and disposed of accordingly. No order as to costs. CIVIL APPLICATION (CAO) NO.567/2018 Heard.

Perused the application.

For the reasons stated in the application, the application is allowed. The applicant is permitted to bring the legal heirs of deceased respondent no.3 on record. The amendment be carried out accordingly.

Learned Counsel Shri A.B. Nakshane waives service of notice for the legal heirs of respondent no.3. The civil application is disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.