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Bombay High CourtCAF/1802/2021ca disposed off

Executive Engineer, Minor Irrigation Division, Wardha v. Nagorao Annayaji Misal And Others

2022-09-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

918.CAF 1801.21 & 1802.21 in FAst 22129.16111

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1801 OF 2021 AND CIVIL APPLICATION (CAF) NO. 1802 OF 2021 IN FIRST APPEAL (ST.) NO. 22129 OF 2016 Executive Engineer, Minor Irrigation Division, Wardha ...VERSUS...

Nagorao Annayaji Misal and ors.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.K.Bhoyar, Advocate for appellant.

Ms. Shruti Najbile, Advocate for respondent nos. 1(a) to 1(e). Shri M.A.Kadu, Asst. G.P. for respondent nos. 2 and 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th September , 2022.

The Civil Application (CAF) No. 1801/2021 is filed for condonation of delay in filing application for setting aside the abatement and for bringing legal heirs of respondent no. 1 on record.

2.

The Civil Application (CAF) No. 1802/2021 is filed for bringing legal heirs of respondent no. 1 on record.

3.

Issue notice on civil applications to the proposed legal heirs of respondent no. 1.

4.

Ms. Shruti Najbile, learned counsel on instructions waives notice for the proposed legal heirs of respondent no. 1.

918.CAF 1801.21 & 1802.21 in FAst 22129.16222 5.

Ms. Shruti Najbile, learned counsel has no objection to condone the delay and for bringing legal heirs of respondent no. 1 on record.

6.

Accordingly, for the reasons stated in the applications, the delay in filing application for setting aside abatement and for bringing legal heirs of respondent no. 1 on record is hereby condoned. 7.

The permission is granted to the appellant to bring the names of legal heirs of respondent no. 1 on record. Necessary amendment to be carried out within one week. Accordingly, both the applications are disposed of.

FIRST APPEAL (ST.) NO. 22129 OF 2016 The learned counsel for legal heirs of respondent no. 1 to file 'Vakalatnama' within two weeks.

2.

List the matter after two weeks.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar