Bombay High CourtCAF/664/2013admittedallwdgrantedrule absolute

Executive Engineer (V.I.D.C.) Medium Project Divn. Nagpur v. Suresh Janardhan Gedam And ORS

2015-09-01Hon'Ble Shri Justice A.S. Chandurkar2 pages

18-CAO-1189,90,911-94 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NOS.1189, 1190 & 1191 OF 2014 IN CIVIL APPLICATION NO.664 OF 2013 IN FIRST APPEAL (ST) NO.16734 OF 2012 Executive Engineer (V.I.D.C.) Medium Project Dvn. Nagpur. -vs- Suresh Janardhan Gedam & Ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V. G. Palshikar, Advocate for applicant/appellant. Shri S. D. Chopde, Advocate for respondent Nos.1 to 4. Shri M.A.Kadu, AGP for respondent Nos.5 And 6. CORAM : A.S.CHANDURKAR, J.

DATE : September 01, 2015 Considering averments made in the applications, the same are allowed. The abatement of appeal against respondent No.1 is set aside, delay is condoned and the appellant is permitted to bring on record legal heirs of respondent No.1. Applications are disposed of.

Civil Application No.1192 of 2014 Though prayer made in the application is opposed by learned counsel for respondent Nos.2 to 4, considering the grounds as stated, the application is allowed and delay in filing restoration application is condoned. M.C.A. No.1083 of 2014 For reasons mentioned in the application, the order dated 17/01/2014 is recalled. Appeal is restored against respondent Nos.2 to 4. M.C.A. is allowed and disposed of.

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18-CAO-1189,90,911-94 2/2 C.A.F. No.664 of 2013 Though prayer for condonation of delay is opposed by learned counsel for the claimants, considering reasons assigned, the delay stands condoned. Civil application is allowed and disposed of. F.A.(St) No.16734 of 2012 Heard.

Admit. Leave to amend the cause title.

Call for record and proceedings. Shri S. D. Chopde, learned counsel waives notice on behalf of respondent Nos.1 to 4. Shri M.A. Kadu, learned Assistant Government Pleader waives notice on behalf of respondent Nos.5 and 6.

JUDGE Asmita