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Bombay High CourtCAO/967/2023delay condonatedrejected

V. I. D. C. Through Executive Engineer, Minor Irrigation Works, Wardha v. Kawadu S/O. Narayan Tandulkar And Others.

2023-07-28Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 902 fa 818-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.967/2023 IN CROSS OBJECTION NO.96/2017 IN FIRST APPEAL NO.818/2013 Vidarbha Irrigation Development Corporation thr. Executive Engineer, Minor Irrigation Works, Wardha Vs.

Kawadu s/o Narayan Tandulkar 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 Vinay Rathi, Advocate h/f Shri P.B. Patil, Advocate for appellant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

28/07/ The present application is filed for condonation of delay in filing application for bringing legal representatives and setting aside the abatement. There is delay of 1307 days in filing application in cross objection. Cross objector No.1 expired on16/09/2019. However, due to lack of knowledge, application could not be filed. As right to sue survive, the delay in filing application for setting aside abatement and bringing legal representatives is hereby condoned. As such, application is allowed.

2.

The learned Counsel for respondent has no objection.

3.

The application stands disposed of.

2 902 fa 818-2013 CIVIL APPLICATION (CAO) NO.968/2023 1.

The present application is filed for bringing legal representatives of deceased cross-objector No.1/respondent No.1 in appeal.

2.

For the reasons stated in the application, permission is granted to cross-objector No.2 to bring legal representatives of cross objector No.1 on record. 3.

Necessary amendment to be carried out within two weeks.

4.

The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE