Executive Engineer Purna Madhyam Prakalpa Division Achalpur Amravati v. Natthu S/O Ganpat Lahane (Since Dead) And Others

13 FAST-17237-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL (ST.) NO.17237 OF 2016 {Executive Engineer, Amravati ..Vrs.. Natthu S/o Ganpat Lahane and Ors.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms A. A. Joshi, Advocate for the Appellant.

Shri M. A. Kadu, AGP for the Respondent Nos.6 and 7. CORAM : ABHAY AHUJA, J.

DATE : 21 st SEPTEMBER , 202 2 .

.

Ms Joshi, learned counsel appearing for the appellant states that Civil Application Nos.1503 of 2019, 1504 of 2019 and 1505 of 2019 be disposed of as not pressed. She submits that with respect to Civil Application Nos.2092 of 2022, 2093 of 2022 and 2094 of 2022, notices may be issued inasmuch as the same is for condonation of delay in filing the application for bringing the legal heirs of respondent no.1 on record, setting aside of abatement against respondent no.1 and for bringing the legal heirs of respondent no.1 on record. CIVIL APPLICATION NO.2093 of 2022.

2.

This is an application seeking condonation of delay of 2190 days in filing the application for bringing the legal heirs of respondent no.1 on record.

3.

Shri Kadu, learned Assistant Government Pleader appearing for the respondent nos.6 and 7 has no objection. 4.

The application is allowed. The Delay of 2190 days is hereby condoned. Let the application for bringing the legal heirs of respondent no.1 on record be registered. The civil

13 FAST-17237-2016 application accordingly stands disposed.

CIVIL APPLICATION NO.2092 of 2022.

5.

This is an application for setting aside the abatement of appeal with respect to respondent no.1.

6.

In view of what has been held in respect of Civil Application No.2093 of 2022, the abatement is set aside. The civil application accordingly stands disposed. CIVIL APPLICATION NO.2094 of 2022.

7.

This is an application for bringing legal heirs of respondent no.1 on record.

8.

Let the legal heirs of respondent no.1 be brought on record as per paragraph 7 of the said application and the necessary amendments to the memo of appeal be carried out within a period of two weeks.

9.

The civil application accordingly stands disposed. 10.

Copy of the amended Memo of Appeal along with annexures be served on the respondents and an affidavit of service with tangible proof be filed in this Court by the next date.

11.

List the appeal on 10.10.2022.

(JUDGE) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE