Executive Engineer, Lower Wardha Project Division, Wardha v. Devidas Manikrao Mangam And Others

-1- 10.CAF.153.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CA F ) NO.

OF 20 A ND C IVIL APPLICATION (CA F ) NO.

OF 20 IN FIRST APPEAL NO. 201 OF 2016 Executive Engineer, Lower Wardha Project Division, Wardha Vs.

Devidas Manikrao Mangam (Dead) thr. L.Rs. & Ors. ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. P.B. Patil, Advocate for the Applicant/Appellant. Mr. C.R. Najbile, Advocate for Respondent Nos.1(a) to 1(d), 2 & 4. Mr. Ganesh Umale, AGP for Respondent Nos.5 & 6. CORAM : G. A. SANAP, J.

DATED : 23 rd JANUARY, 2024.

.

Heard learned advocates for the parties.

2.

Civil Application (CAF) No.153/2024 is made for setting aside the abatement and Civil Application (CAF) No.154/2024 is made for bringing on record the legal heirs of deceased-respondent No.3.

3.

It is seen that the application for setting aside the abatement is within limitation. The particulars of the legal heirs of deceased-respondent No.3 have been provided in the application.

4.

In view of the above, the applications are allowed. The abatement qua deceased-respondent No.3 is set aside. The appellant is allowed to bring on record the legal heirs of deceased-respondent No.3 as respondent Nos.3(a) to 3(c).

-2- 10.CAF.153.2024.odt 5.

This order be complied with within two weeks. 6.

The applications stand disposed of.

7.

Learned advocate Mr. C.R. Najbile submits that he has instructions to appear on behalf of respondent Nos.3(a) to 3(c).

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 24/01/2024 19:59:19