Executive Engineer, Lower Wardha Project Division, Wardha v. Narendra Janakrao Kasar And Others

907fa740.2016.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3193/2018 IN FIRST APPEAL NO. 740/2016 The Executive Engineer, Lower Wardha Project Division, Wardha. V/s Narendra Jankarao Kasar and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri U.A.Gosavi, counsel for the applicant/appellant. Smt Geeta Tiwari, AGP for the non-applicant/respondent Nos. 4 and 5. CORAM: ARUN D. UPADHYE , J.

DATE: 09-01-2019.

Heard Shri U.A. Gosavi, learned counsel for the applicant/ appellant and Smt Geeta Tiwari, learned AGP for the non-applicant/respondent Nos. 4 and 5. Perused the application. There is a delay of 411 days in filing the application for bringing on record legal representatives of (deceased) non-applicant/ respondent No.2. Considering the reasons stated in the application, delay is condoned.

The civil application is allowed.

CIVIL APPLICATION (CAF) NO. 3194/2018 The respondent No.2 is reported to be dead on 15/05/2017. As per the application, the legal heirs of the respondent no.2 are mentioned in para-3 of the

907fa740.2016.odt 2 application. The application is supported by filing oath. Considering the reasons stated in the application, legal heirs of non-applicant/respondent No.2 be brought on record.

Necessary amendment be carried out in the appeal memo within two weeks'.

The civil application is allowed.

JUDGE rkn