V.I.D.C. Thr. Exe. Engineer, Yavatmal Const. Proj. Division (Medium Project Division, Yavatmal) v. Shamrao Supaji Andh (Dead) Thr. Lrs. Kondabai @ Rukhama Waman Dukre And Others

44-caf-342-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 342 of 2020 in First Appeal Stamp No. 18486 of 2019 V.I.D.C. through Executive Engineer, Yavatmal Construction Project Division (Medium Project Division, Yavatmal)

Versus

Shamrao Supaji Andh (Dead) through legal representatives Kondabai @ Rukhama Waman Dukre and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Ashwini S. Athalye, Advocate for the applicant CORAM : ANIL S. KILOR, J.

DATED : 14th DECEMBER, 2023.

According to the learned counsel appearing for the appellant, the respondent no.2 is the widow of respondent no.1 and even in the judgment of the trial Court, it is observed that she is the only legal heir of the respondent no.1.

2.

In that view of the matter, the office objection as regards not bringing the legal heir of the respondent no.1 is hereby dispensed with.

SKNair

44-caf-342-20.odt 3.

This is an application for condonation of delay in filing first appeal. There is a delay of 315 days in filing the first appeal.

4.

After going through the application, more particularly, the reasons stated in paragraphs 3 and 4 of the application found to be satisfactory for explaining the delay caused in filing the first appeal.

5.

In that view of the matter, the application is allowed. The delay caused in filing the first appeal is hereby condoned. Appeal be registered.

First Appeal No. of 2023.

Heard.

2.

Admit.

3.

Shri Sagar Ashirgade, learned Assistant Government Pleader waives service of notice on behalf of respondent nos. 3 and 4.

4.

Call record and proceedings.

[ANIL S. KILOR, J.] SKNair