V. I. D. C. Through Its Executive Engineer, Bembla Project Division, Yavatmal v. Narayan Anand Wahikar (Dead) Through Lrs. Smt. Indubai Wd/O Narayan Wahikar And Others

2025:BHC-NAG:10449 1 7cao902.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NOS.902, 903, 904 OF 2023 IN CROSS-OBJECTION NO.58 OF 2013 IN FIRST APPEAL NO.255 OF 2013 [DECIDED] [VIDC .vs. Narayan s/o Anand Wahikar (Dead) 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 S.V. Ingole, Advocate for Respondent No.1. Shri Vinay Dahat, Advocate for Appellant-VIDC. Shri M.A. Kadu, AGP for Respondent Nos.2 and 3. .................

CORAM : PRAVIN S. PATIL, J.

DATED : 08.10.2025 .

Civil Application (CAO)No.902/2023 1.

This application is filed in a decided first appeal as well as cross-objection by this court.

2.

It is stated that at the time of final argument, the learned counsel was not instructed about the death of the respondent-cross-objector in the matter. This fact brought to the knowledge of the counsel after the judgment delivered by this court.

3.

In view of this factual position, the delay of 37 days in filing the application for bringing legal heirs of respondent no.1 on record is hereby allowed.

4.

The application stands disposed of.

Civil Application (CAO) No.903/2023 1.

In the present matter on oath it is stated that the applicant 1A to 1D are the only legal heirs of the cross-objector/ respondent in the matter.

2 7cao902.23.odt 2.

It is stated that there are no other legal heirs in the matter. Hence, considering the statement, which is made on oath, the application is allowed.

3.

The legal heirs of respondent/cross-objector are permitted to brought on record.

4.

The necessary amendment be carried out within a period of one week.

5.

Application stands disposed of.

Civil Application (CAO) No.904/2023 1.

The learned counsel for the VIDC states that he will take instructions and made a statement as to when the decreetal amount will be deposited in the matter.

2.

List the matter in the next week.

(PRAVIN S. PATIL, J.) Gulande