Vidarbha Irrigation Development Corp. Thr Exe. Engineer, Canal Div. Bembla Project, Yavatmal And An v. Kawadu Ganpat Dambhare And Others

2024:BHC-NAG:13597 1 5-CAF-2200-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2200 OF 2024 IN FIRST APPEAL NO. 366 OF 2019 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER Vrs.

KAWADU GANPAT DAMBHARE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri M. A. Kadu, Advocate for applicants/appellants. Shri D. A. Sonwane, Advocate for respondent No.1. Shri S. H. Hulke, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 12/12/2024.

1.

This is an application for condonation of delay of 711 days caused for filing application for bringing the legal representatives of respondent No.1 on record and for setting aside abatement of appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned Advocate for the respondent No.1 strongly objected the application.

5.

Learned AGP for respondent Nos.2 and 3 also strongly objected the application.

6.

Considering the reasons stated in the application, appliation deserves to be allowed, in the interest of justice.

7.

Application is allowed. Delay of 711 days is condoned. Abatement is set aside.

2 5-CAF-2200-24.odt 8.

Permission to bring the legal representatives of respondent No.1 on record by carrying out amendment in the appeal is granted.

9.

Amendment be carried out forthwith.

10.

Application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 13/12/2024 13:37:28