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Bombay High CourtCAO/618/2022ca disposed off

Vidarbha Irrigation Development Corporation Thr. Executive Engineer, Lower Wardha Project Division v. Sanjay S/O Nanaji Raut And Others

2022-08-26Hon'Ble Smt. Justice M. S. Jawalkar2 pages

4 fa 1019-2015 xob 7-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 618/2022 WITH CIVIL APPLICATION (CAO) NO. 619/2022 IN CROSS OBJECTION NO.7/2017 IN FIRST APPEAL NO. 1019/2015 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Lower Wardha Project Division Vs.

Sanjay S/o Nanaji Raut and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri S.K. Bhoyar, Advocate for appellant Shri S.U. Nemade, Advocate for respondent Nos. 1 to 7 Ms T.H. Udeshi, A.G.P. for respondent Nos.8 & 9 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 26/08/2022 The present application is filed by legal representatives of cross-objector No.5 for bringing their names in place of respondent No.5, who died on 29/08/2016.

2.

The reason stated in the application for delay in filing application is that they are rustic people who are not aware of the procedure. He also raised ground for delay that there was pandemic in between and Courts were closed. As such, prayed for condonation of delay for setting aside abatement and bringing legal representatives i.e. applicantrespondent No.5 on record.

4 fa 1019-2015 xob 7-2017.odt 3.

There is no serious objection on behalf of appellant to the application. As right to sue survives and the appeal is already admitted and cross-objections are also admitted, the applications are allowed.

4.

Abatement is set aside, delay is condoned in filing application for bringing legal representatives of applicants on record. The legal representatives are permitted to be brought on record as legal representatives of applicant No.5- cross objector.

5.

Applications are disposed of.

6.

Necessary amendment to be carried out within one week.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE