V.I.D.C. Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Division, Achalpur And Another v. Mohd Ayub S/O Sk. Maheboob And Others

1 / 2 932.caf2180.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2180 OF 2022 IN FIRST APPEAL NO. 198 OF 2022 Vidarbha Irrigation Development Corporation, Nagpur and anr. Vs.

Mohd Ayub s/o Sk. Maheboob and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. J.B. Kasat, Advocate for appellants.

Mr. R.J. Shinde, Advocate for respondent No.1 Mr. M.A. Kadu, AGP for respondent Nos.2 & 3.

CORAM :

ABHAY AHUJA, J.

DATE :

30.09.2022.

This is an application seeking to set aside the abatement of appeal with respect to the respondent No.1 and for bringing legal heirs on record. There is also delay of 154 days.

2.

Mr. Kasat, learned counsel has drawn attention of this Court to paragraphs 2 to 4 of the application in support of his contention for condoning the delay.

Prity

2 / 2 932.caf2180.2022 3.

Mr. Shinde, learned counsel for respondent No.1, has no objection, if the delay is condoned.

4.

Having heard the learned counsel for the appellant and having perused the application, let the delay of 154 days be condoned and let the abatement with respect to respondent No.1 be set aside.

5.

Let the legal heirs referred to in paragraph 3 of the application be brought on record and the necessary amendments be carried out within a period of four weeks.

First Appeal No.198/2022 List the matter on 11.11.2022.

JUDGE Signed By:PRITY S GABHANE Reason:

Location:

Prity