Vidarbha Irrigation Development Corporation Thr. Its Exe. Eng. Wardha v. Jagdish Umraosingh Thakur And ORS

2025:BHC-NAG:14105 1 10 CAF 4560.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.4560 OF 2025 IN FIRST APPEAL NO.1098 OF 2013 [VIDC .vs. Jagdishsingh Umarraosingh Thakur and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Ashwini Athalye, Advocate for Appellant.

Ms. H.D. Dhande, AGP for Respondent Nos.2 and 3. .............

CORAM : PRAVIN S. PATIL, J.

DATED : 12.12.2025 .

1.

By this application, the applicant is seeking the condonation of 278 days in setting aside abatement and bringing the legal heirs of deceased respondent n.1 on record. 2.

It is specifically stated in the appeal that during the pendency of appeal on 15.11.2024 the respondent no.1 was expired. However, the knowledge about the death of the respondent no.1 was not received to the counsel immediately. The appellant has also given the sufficient reasons in the application.

3.

Hence, for the reasons stated in the application, the application is allowed and disposed of.

4.

The necessary amendment be carried out within a period of one week.

FIRST APPEAL NO.1098/2013 After the amendment, issue notice to the legal heirs of respondent no.1, returnable after four weeks. (PRAVIN S. PATIL, J.) Gulande