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Bombay High CourtCAW/2672/2016admittedallwdgrantedrule absolute

The Sub-Divisional Engineer, Irrigation Sub-Division, Tirora And 2 Others v. Gunilal Mahadu Bisen And Others

2017-07-31Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.2672 OF 2016 IN WRIT PETITION NO.4962 OF 2015 (The Sub-Divisional Engineer and others vs. Gunilal Mahadu Bisen and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S.S. Godbole, Advocate for petitioners.

Ms. S. Jachak, Assistant Government Pleader for respondent nos.19 and 20.

-------- CORAM : P.N. DESHMUKH, J.

DATED : JULY 31, 2017 This application is filed by petitioners for condonation of delay in filing application for bringing on record legal heirs of deceased respondent nos.3, 7, 9 and 10, for setting aside abatement order and for bringing legal heirs of respondent nos.3, 7, 9 and 10. For the grounds mentioned in paras 3 and 4 of the application and having considered the subject matter of petition wherein challenge is to award passed by Labour Court, Gondia granting arrears of wages to respondents, application is allowed.

In the circumstances, delay caused in filing application is condoned and order abating petition against respondent nos.3, 7, 9 and 10 is set aside. The application for bringing legal heirs of respondent nos.3, 7, 9 and 10 is allowed.

Amendment be carried out within two weeks. Respondents be served with amended copy of

3107caw2672.16 2/2 the petition.

JUDGE khj