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Bombay High CourtCAF/837/2023disposed off

V. I. D. C. Through Executive Engineer, Bembla Project Division No. 5, Washim v. Narayan S/O Ganpat Kawalkar And 3 Others

2023-03-24Hon'Ble Justice Urmila Joshi Phalke2 pages

13caf836.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 836/2023 IN FIRST APPEAL NO. 672/2015 VIDC, Through Executive Engineer, Bembla Project Division Vs Narayan S/O Ganpat Kawalkar And 3 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Vinay Rathi, counsel h/f for Mr P.B. Patil, counsel for the applicant/ appellant.

Mr A.B. Nakshane, counsel for the respondent Nos. 1 and 2. Mr K.L.Dharmadhikari, AGP for the respondent Nos. 3 and 4. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/03/ 3.

1.

Heard.

2.

The present application is filed for condonation of delay caused in filing application for bringing legal heirs of Respondent No.1 on record.

3.

Mr A.B. Nakshane, learned counsel waives service of notice for proposed legal heirs.

4.

As per the contention of the appellant, on 06/03/2023 the counsel for the respondent No.1 filed Pursis informing that the respondent No.1-Nararyan Kawalkar is expired on 30/12/2019. Thereafter, the appellant got knowledge about the death of the respondent No.1. Hence, this application. 5.

Mr K.L.Dharmadhikari, learned AGP has no objection for condonation of delay.

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13caf836.2023.odt 6.

In view of the reasons mentioned in the application, delay of 1125 days in filing the application for bringing legal representatives of respondent No.1 is condoned. Civil application is disposed of.

Civil Application (CAF) No. 837/2023 By this application, the applicant is seeking setting aside abatement order and permission to bring the legal representatives of respondent No.1 on record. 2.

Mr A.B. Nakshane, learned counsel waives service of notice on behalf of proposed legal heirs. He has no objection for setting aside the abatement order.

3.

Mr K.L.Dharmadhikari, learned AGP for the respondent Nos. 3 and 4 has no objection for the same. 4.

In view of the reasons mentioned in the application, applicant is permitted to bring the legal representatives on record.

5.

Applicant to carry out amendment within stipulated period.

Civil application is disposed of.

6.

Place the matter for final hearing after three weeks. JUDGE Signed By:RAJESH K NANDURKAR rkn