The Executive Engineer, N M C Divn, Vaijapur v. Bhartibai Hiralsingh Rajput Died Thr Lrs Suresh And ORS

2026:BHC-AUG:3597 1 60 ca 10319.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10319 OF 2024 IN IN FIRST APPEAL STAMP NO. 31789 OF 2023 The Executive Engineer, N.M.C.

Division Vaijapur .. Applicant

Versus

Bhartibai Hiralalsingh Rajput Since deceased through her L.Rs.

Suresh Hiralalsingh Rajput and others .. Respondents Shri Ram B. Deshpande, Advocate for the Applicant. Shri Suresh N. Rodge, Advocate for the Respondent No. 1. Shri N. D. Raje, A.G.P. for the Respondent No. 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 27TH JANUARY, 2026.

FINAL ORDER :

.

Heard both sides.

2.

Applicant - acquiring body seeks condonation of delay of 542 days caused in preferring civil application for setting aside abatement and bringing legal heirs of the deceased Bharatibai Hiralalsingh Rajput on record.

3.

Those legal heirs are served and learned advocate Mr. Rodge has instructions to appear on their behalf. The cause of

2 60 ca 10319.24 action survives as against the heirs of the deceased Bharatibai Rajput. They are necessary parties. The delay is unintentional. The civil application is allowed in terms of prayer clauses 'B' and 'C'. The civil application is disposed of.

4.

Amendment shall be carried out within a period of two (02) weeks from today.

[ SHAILESH P. BRAHME J. ] bsb/Jan. 26