V.I.D.C. Minor Irrigation Division, Washim Through Executive Engineer, Washim v. Shrawan S/O Shama Ade And Another

1 4 fa 1312-2028

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3244/2024 IN FIRST APPEAL NO.1312/2018 V.I.D.C. through Executive Engineer, Minor Irrigation Division, Washim Vs.

Shrawan Shama Ade and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms U.J. Patil, Advocate Advocate for appellant Ms Mrunal Naik, AGP for respondent No.2/State CORAM :

SHYAM C. CHANDAK, J.

DATED : 24.06.2025 Heard.

2.

Present application seeking condonation of delay in filing this application to set aside the abatement. Respondent No.1, in the aforesaid appeal, has expired on 18.03.2024 and after his death, his wife namely Pruthwika Shravan Ade also expired. The learned Advocate for respondent No.1 filed a pursis dated 25.07.2024, which the learned Counsel for the Applicant received later on. In the meanwhile, the Appeal got abated. Therefore, and considering the submissions by the learned Advocate for applicant, the application is allowed.

3.

The 90 days delay in filing this application for setting aside abatement and to set aside the abatement, is allowed.

4.

Abatement is set aside.

5.

The application stands disposed of, accordingly.

2 4 fa 1312-2028 CIVIL APPLICATION (CAF) NO.3246/2024 1.

Heard.

2.

Considering the reasons stated in the application and the submissions, the application is allowed.

3.

The delay in filing the application to bring on record the legal heirs of deceased Respondent No.1 is condoned.

4.

The application stands disposed of accordingly.

CIVIL APPLICATION (CAF) NO.3247/2024 1.

Heard.

2.

Considering the submissions by learned Advocate for the applicant, the applicant is permitted to bring on record the legal heirs of deceased Respondent No.1.

3.

Necessary amendment to be carried out within two weeks from today.

4.

The application stands disposed of.

(SHYAM C. CHANDAK, J.) R.S. Sahare