The Executive Engineer, Chandrabhaga Project, Achalpur Tah. Achalpur, Amravati And Another v. Mahadeo Sitaram Pawade (Dead) Thr. Lrs. Saraswatibai Mahadeo Pawade And Others

1 21 caf 3387-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1896 OF 2021 WITH CIVIL APPLICATION (CAF) NO.1897 OF 2021 IN CIVIL APPLICATION (CAF) NO. 3387 OF 2019 IN FIRST APPEAL STAMP NO. 10600 OF 2019 Executive Engineer, Chandrabhaga Project, Achalpur, Tq. Achalpur, Distt. Amravati and another ..vs..

Mahadeo Sitaram Pawade (Dead) through his Legal Heirs Saraswatibai Mahadeo Pawade 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 P.B. Patil, Advocate for applicant/appellant Shri M.V. Bute, Advocate for respondent Nos.1A to 1G/State Shri A.M. Kadukar, A.G.P. for respondent Nos. 2 & 3 CORAM :

SMT. ANUJA PRABHUDESSAI , J.

DATED :

11/02/ Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

By these applications, the applicants have sought to condone the delay, setting aside the abatement and bringing on record the legal representatives of respondent no.1-C on record. 3.

Shri Bute, who has represented respondent no.1-A, 1-B, 1-D to 1-G waived service on behalf of the legal representatives of respondent no.1-C. He states that Vakalatnama would be filed on or before next

2 21 caf 3387-2019 date. Amendment be carried out within one week. 4.

Learned Counsel Shri Bute, who is appearing for respondents including legal representatives of respondent no.1-C has no objection to condone the delay, to set aside the abatement and bringing on record the legal representatives of respondent no.1-C. In the light of the said statement and in view of the reasons stated in the application, delay is condoned. Abatement is set aside and legal representative of respondent no.1-C, whose names are specified in paragraph no.2 of the Civil Application No. 1897 of 2021 are ordered to be brought on record. Cause title be amended accordingly. Both Applications stand disposed of accordingly.

CIVIL APPLICATION (CAF) NO.3387 OF 2019 The appellants have sought to condone the delay of 1165 days in filing the appeal.

Shri Bute, learned Counsel appearing for respondents has no objection. In view of said statement and in view of reasons stated in the application, the delay is condoned. Applications stands disposed of. Appeal be registered upon removal of office objections, if any.

FIRST APPEAL ________ OF 2022 Heard.

2.

Admit.

3 21 caf 3387-2019 3.

Call for the record and proceedings.

4.

Paper book to be filed within six months.

5.

Learned Counsel Shri Bute waives service of notice on behalf of the respondents including legal representatives of respondent no.1-C.

6.

Learned A.G.P. waives service of notice on behalf of respondent nos. 2 and 3.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE