Omprakash Ambalal Sharma (Dead) Thr. Lrs. Smt. Kailasibai Omprakash Sharma And Others v. The Executive Engineer, Bembla Project, Division Yavatmal, District Yavatmal And Others
1 3 fa 1243-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.626/2021 IN CROSS OBJECTION NO.47/2021 IN FIRST APPEAL NO.1243/2018 Omprakash Ambalal Sharma (dead) thr. His LR's Smt Kailashibai Omprakash Sharma and others Vs.
The Executive Engineer, Bembla Project Division, Yavatmal 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 M.A. Kadu, Advocate Advocate for appellant Shri V.N. Patre, Advocate for respondent Nos.1 to 6/Cross-Objectors Ms Mrunal Naik, AGP for respondent Nos.7 and 8/State CORAM :
SHYAM C. CHANDAK, J.
DATED : 24.06.2025 Heard.
2.
Present application is filed for condonation of 66 days delay in filing an application to bring on record the legal heirs of Cross-objector No.3 and setting aside the abatement. The Cross-objector No.3 has expired on 21.04.2021 and his legal heirs are required to be brought on record. The Appeal and the cross-objection are admitted. In view thereof, and considering the delay is not huge, the application is allowed.
3.
The delay of 66 days in filing the application to bring on record the legal heirs of Cross-objector No.3 is condoned.
4.
The abatement is set aside.
5.
The application stands disposed of.
2 3 fa 1243-2018 CIVIL APPLICATION (CAO) NO.627/2021 1.
The present application is filed for bringing the legal heirs of Cross-objector No.3 on record. The application is supported by death certificate of Crossobjector No.3. 2.
The names of legal heirs of Cross-objector No.3 are mentioned in paragraph No.2 of this application. The right to sue survives. Hence, the application is allowed.
3.
Necessary amendment to be carried out within a period of two weeks.
4.
The application stands disposed of, accordingly.
FIRST APPEAL NO.1243/2018 The appellant is directed to bring on record the legal heirs of Cross-objector No.3, who was original respondent No.3 in the present First Appeal, within a period of two weeks from today.
(SHYAM C. CHANDAK, J.) R.S. Sahare