Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Washim And ANR v. Madhukar Kesharchand Gore And Others
2025:BHC-NAG:8879 1 23caf1824.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1824 OF 2023 IN FIRST APPEAL NO.1939 OF 2019 [VIDC and one .vs. Madhukar Kesharchand Gore 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 H.D. Marathe, Advocate for Appellants.
Shri Amol Darekar, Advocate for Respondent No.1. Shri V.K. Paliwal, Advocate for Respondent No.2. Shri S.C. Joshi, AGP for Respondent Nos.5 and 6. .................
CORAM : PRAVIN S. PATIL, J.
DATED : SEPTEMBER 09, 2025 .
1.
By this application, applicant is seeking condonation of delay of 3800 days in bringing the legal heirs of respondent no.2 on record.
2.
Respondent no.2 strongly opposed the application as there is a huge delay to file the application to bring the legal heirs on record.
3.
However, considering the fact that right to sue is surviving against the legal heirs of respondent no.2 & for the reasons stated in the application, application is allowed. The delay of 3800 days is hereby condoned, subject to cost of Rs.2,000/- to be deposited to the Lady Lawyers Association, Nagpur within a period of two weeks from the date of this order.
4.
Application stands disposed of.
2 23caf1824.23.odt CIVIL APPLICATION [CAF] NO.1825/2023 1.
By this application, applicant is seeking leave to bring on record the legal heirs of respondent no.2. 2.
For the reasons stated in the application, application is allowed.
3.
Applicant is directed to carry out the necessary amendment within a period of one week after depositing the cost of Rs.2,000/-.
4.
Applicant is directed to supply the amended copy of appeal memo/paper book to the respondents. 5.
Application stands disposed of.
(PRAVIN S. PATIL, J.) Gulande