V.I.D.C. Thr. Executive Engineer, Minor Irrigation Division, Karanja Lad, Washim v. Vishnu Ramchandra Ade And Another

10 caf475 and 478.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NOS.475, 476 AND 477/2023 AND FA NO.1012/2019 VIDC, Washim ..vs..

Vishnu Ramchandra Ade and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri K.P.Mahalle, Counsel for the Applicant.

Shri A.B.Darekar, Counsel for NA No.1.

Ms T.H.Udeshi, AGP for NA No.2.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 28/02/2023 1.

By these applications, the applicant seeks condonation of delay in bringing legal representatives of deceased respondent No.1 on record and setting aside abatement against respondent No.1 and for bringing legal representatives of respondent No.1 on record. Delay is of 219.

2.

As per contentions of the applicant that respondent No.1 died on 29.11.2021. However, learned counsel for the applicant filed pursis on 31.1.2022. After filing of the pursis, the applicant got knowledge about death of respondent No.1. Immediately, the applicant has preferred the appeal but inadvertently it was misplaced and, therefore, no steps are take and, therefore, the delay is caused. The delay is not intentional one. There is sufficient and reasonable cause for condonation of delay and hence the delay be condoned. 3.

Learned counsel for respondent No.1 and learned Assistant Government Pleader have no objection if the delay is condoned.

4.

For reasons stated in applications, applications are allowed. The delay stands condoned. Abatement of appeal against .....2/-

10 caf475 and 478.23 respondent No.1 is aside. Legal heirs of respondent No.1 be brought on record within a period of two weeks.

5.

All applications are disposed of.

6.

List the appeal after two weeks.

(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

by BHUSHAN RANA WANKHEDE Date:

2023.03.24 10:30:13 +0530 BHUSHAN RANA WANKHEDE ...../-