Vidarbha Irrigation Development Corporation, Thro. Exe. Engineer, Bembla Project Division, Yavatmal v. Sahebrao Pundalikrao Nagpure (Dead), Thr. Lrs. Sau. Leelabai Sahdebrao Nagpure And Others

1 3001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application no. 3001/2017 V.I.D.C though Executive Engineer, Bembla Project Division, Yavatmal Vs Shebrao Pundlikrao Nagpure (D) 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 J.B.Kasat,Adv. for the applicant/appellant A.G.P for the respondent/State.

CORAM : S.B.Shukre, J.

DATE : 19.7.201 7 .

Heard Learned Counsel for the applicant, learned Counsel for Original respondent nos. 1 & 2 and learned A.G.P for the State.

It seems from the record that an application had been filed by the Original appellant seeking leave of the Court to condone delay which had occurred in bringing on record the legal representatives and also for setting aside the order of abatement as against respondent no. 3. This Court passed a specific order on 3.5.2017 condoning the delay and setting aside the order of abatement as against respondent no.3. The legal representatives of respondent no.3 were permitted to be brought on record within a period of one week from that day and it was directed that on failure on do so within the stipulated period, the matter shall stand dismissed without further reference to the Court.

However, subsequently on the next day, First

2 3001 Appeal Stamp No.1266/2016 came to be disposed of since this Court saw no merit in it. However, dismissal of the appeal would not change the Order dated 3rd May, 2017 and therefore, this order can still be implemented. Accordingly, it is directed that the order dated 3rd May, 2017 be carried out into effect by the appellant by bringing on record the legal heirs of deceased respondent no. 3 as per the list already submitted along with Civil Application no. 1960/2017 immediately and in case the original appellant fails in carrying out this order, the legal heirs of respondent no. 3 or legal heirs of respondent no. 1 & 2 are permitted to complete the exercise. It may be carried out within 3 days from the date of the order.

In view of the above, Civil Application Nos.

3001/2017, 3002/2017 and 3003/2017 are rendered infructuous and are disposed off accordingly. JUDGE A.P. Ansari