V.I.D.C. Thr. Executive Engineer, Bembla Canal Division, Yavatmal v. Bhanudas Gopal Muneshwar And Others

2024:BHC-NAG:3368 1 21.caf.3873.2023+2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3873 OF 2023 AND CIVIL APPLICATION (CAF) NO. 3874 OF 2023 AND CIVIL APPLICATION (CAF) NO. 3875 OF 2023 IN FIRST APPEAL NO. 668 OF 2022 Vidarbha Irrigation Development Corporation, Yavatmal .VS.

Bhanudas S/o. Gopal Muneshwar and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr R. S. Bhoyar, Adv. h/f. Mr Aditya Gohokar, Advocate for the appellant Mr S. V. Ingole, Advocate for respondent No. 2 Ms Kavita Bhondge, AGP for respondent Nos. 3 and 4/State CORAM :

G.A. SANAP, J.

DATE :

MARCH 19, 2024.

Heard.

2.

During the pendency of the appeal respondent No.1 died on 27.09.2022. It is stated that the legal heirs whose particulars have been set out in Civil Application No. 3875 of 2023 could not be brought on record within time. The reasons have been stated in the application. In view of this all the applications are allowed.

2 21.caf.3873.2023+2

3. The delay caused in filing the application for setting aside abatement is condoned.

4. The abatement order is set aside.

5. The appellant is allowed to bring on record the legal heirs of respondent No.1 as the respondent No.1(a) to 1(c).

6.

Learned Advocate Mr S. V. Ingole submit that he has instructions to appear for legal heirs of respondent No.1.

7. The order be complied within a week.

8. The civil applications stand disposed of, accordingly.

(G. A. SANAP, J.) Namrata