V. I. D. C., Nagpur Through Executive Engineer, Lower Wardha Project Division, Wardha v. Madhukar Rajaram Kale (Dead) Through Lrs Jayant Madhukar Kale And Others

11 CAF-1361-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1361 OF 2023 IN FIRST APPEAL NO.532 OF 2015 [V.I.D.C. ..V/s.. Madhukar Rajaram Kale and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms M. Babhulkar, Adv. h/f Mr M. A. Kadu, Advocate for Applicant/Appellant. Ms V. Wasu, Advocate for Respondent Nos.1 to 3. Mr K. L. Dharmadhikari, AGP for Respondent Nos.4 to 6. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 4 th MAY, 3 .

.

Present application is for condonation of delay, which is caused in filing the application for bringing the legal heirs of respondent No.1, setting aside the abatement and grant of permission to bring the legal representatives of respondent No.1 on record.

2.

As per the contention of the appellant, the respondent No.1 died and pursis is filed by mentioning the names of the legal heirs of respondent No.1. Thereafter, the appellant got knowledge about the death of the respondent No.1. However, the delay of 176 days is caused in filing the application for bringing the legal heirs on record. In the meantime, abatement order was passed. 3.

In view of the reasons mentioned in the application, the application is allowed and the delay of 176 days is hereby condoned and the abatement order is set aside. Appellant is permitted to delete the respondent No.3.

4.

Amendment be carried out within the stipulated period. 5.

Stand over after vacation.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE JUDGE TAMBE