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Bombay High CourtCAF/943/2023delay condonatedrejected

Executive Engineer, Nimna Wardha Project, Wardha v. Vasudeo Narayan Fale And Others

2023-04-21Hon'Ble Justice Urmila Joshi Phalke2 pages

27caf2414.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 943/2023 IN FIRST APPEAL ST. NO. 1564/2021 Executive Engineer, Wardha Vs Vasudeo Narayan Fale And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms I.P. Khisti, advocate for the appellant.

Mr. C.R. Najbile, advocate for the respondent No.1(a,b,c) and 2(a,b,c). Ms T.H. Udeshi, AGP for the respondent Nos. 3 and 4. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21/04/ 3.

1.

Heard.

2.

This Court has already permitted the appellant to bring the legal heirs of respondent Nos. 1 and 2 on record. Inadvertently, no order was passed on the delay condonation application.

3.

In view of the reasons mentioned in the application, delay was condoned as the appellant is already permitted to bring the legal heirs on record by setting aside the abatement order, no further order is required. 4.

Permission is granted to the appellant to add the left out name of legal heirs on record.

Civil application is disposed of.

Civil Application No. 2414/2021 1.

Inadvertently, Civil Application No. 2414/21 is shown to be disposed of in instead of Civil Application No. rkn

27caf2414.21.odt 943/2023, in view of that civil application No. 2414/2021 is restored.

2.

Appellant to carry out the amendment in Civil Application within stipulated period.

3.

In view of that civil application is allowed. JUDGE rkn