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Bombay High CourtCAF/2895/2022delay condonatedrejected

V.I.D.C. Thr. Exe. Engineer, Yavatmal Const. Proj. Div., Yavatmal v. Sanjay Atmaram Tarte And Others

2023-01-02Hon'Ble Justice Urmila Joshi Phalke2 pages

32.CA-2895.22-2896.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.

OF 20 IN FIRST APPEAL NO.

OF 2022 (V.I.D.C. Yavatmal Vs. Sanjay s/o Atmaram Tarte and ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Anjali Agrawal, Advocate h/f Ms A.S. Athalye, Advocate for the appellant.

Shri S.V. Ingole, Advocate for respondent Nos.1 to 5. Ms Shamsi Haider, A.G.P. for respondent Nos.7 and 8/State. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JANUARY 02, 2023.

Heard.

2.

This is an application for condonation of delay which is caused in bringing legal representatives of deceased respondent No.6 on record and for setting aside abatement.

3.

As per the contention of the appellant, delay of 2524 days is caused in bringing the legal representatives on record as the learned Counsel for the appellant got the knowledge about the death of respondent No.6 when the respondents filed a Pursis on 29/08/2022 informing that respondent No.6 has expired on 14/08/2016.

4.

Considering the reasons mentioned in the application, delay of 2524 days is condoned and the abatement is set aside.

5.

The application is allowed and disposed of accordingly.

32.CA-2895.22-2896.2022 CIVIL APPLICATION NO.2896/2022 This is an application for bringing legal representatives of deceased respondent No.6 on record.

2.

Considering the reasons mentioned in the application, the appellant is permitted to brought on record the legal representatives of respondent No.6 within stipulated time.

3.

The application is allowed and disposed of accordingly.

4.

Place the matter for further consideration on 16/01/2023.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant