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Bombay High CourtCAF/615/2016admittedallwdgrantedrule absolute

V. I. D. C. Through Its Executive Engineer, Minor Irrigation Division No. 2 Akola v. Pundlik Sonaji Chatarkar And Another

2018-12-04Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

11caf615.16.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 896/2018 IN FIRST APPEAL STAMP NO.10980/2015 V.I.D.C., through its Executive Engineer, Minor Irrigation Division No.2, Akola. Vs.

Pundlik Sonaji Chatarkar and another.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Vinay Dahat, Advocate for the applicant/appellant. Shri A.B. Darekar, Advocate for the non-applicant/respondent Nos. 1(i) to 1(iv).

Smt. H.N. Prabhu, AGP for the non-applicant/respondent No.2. CORAM: ARUN D. UPADHYE , J.

DATE: 04-12-2018.

Heard learned counsel for the applicant/ appellant.

The non-applicant/ respondent No.1 is reported to be dead. There is a delay of 1033 days in filing the application for bringing legal heirs of non-applicant/ respondent No.1. Proposed legal heirs are served. Considering the reasons stated in the application, the delay is condoned and abatement, if any, is set aside. The legal heirs of non-applicant/respondent No.1 be brought on record within a period of one week. Necessary amendment be carried out forthwith.

The civil application is allowed.

11caf615.16.odt 2 CIVIL APPLICATION (CAF) NO.615/2016 Heard learned counsel for the applicant / appellant.

Perused the application. There is a delay of 905 days in filing the appeal. Considering the reasons stated in the application, the delay is condoned.

The civil application is allowed.

FIRST APPEAL STAMP NO.10980/2015.

Heard Admit.

Call R & P.

Shri A.B. Darekar, learned counsel waives service of notice for the respondent Nos. 1(i) to 1(iv) Mrs. H.N. Prabhu, learned AGP waives service of notice for the respondent No. 2.

JUDGE rkn