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Bombay High CourtCAF/1691/2024ca disposed off

V.I.D.C., Thr. Its Ecxutive Engineer, Bembla Project Division, Yavatmal v. Bhavarimal Kesarimal Todarwal (Abated Through Lrs) Navratbai Bhavarimal Todarwal And Another

2024-07-08Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

fa1016.14.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.1691 OF 2024 IN FIRST APPEAL No.1016 OF 2014 (VIDC, though its Executive Engineer, Bembla Project Division, Tq. And Distt. Yavatmal Vs. Bhavarimal Kesarimal Todarwal and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.B. Patil, Advocate for applicant-appellant. Mr. M.P. Kariya, Advocate for respondent No.1. Mr. M.A. Kadu, AGP for respondent Nos.2 and 3. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 8 th JULY, 2024.

1.

This is an application for condonation of delay, setting aside abatement and bringing legal representatives of respondent No.1 on record.

2.

Perused the application.

3.

Heard both sides.

4.

Learned Advocate for the respondent No.1 and learned A.G.P. for respondent Nos.2 and 3 have strongly objected the application.

5.

The respondent No.1 is died on 28.7.2008 and after his death legal representatives of respondent No.1 are Navartbai Todarwal and Ramesh Todarwal.

6.

Legal representatives of respondent No.1 i.e. Navartbai Todarwal and Ramesh Todarwal, who are also died on 17.12.2019 and 17.6.2017.

The legal representatives of Ramesh Todarwal are Rakhi Ramesh

fa1016.14.odt 2/2 Todarwal and Lokesh Ramesh Todarwal.

7.

Considering the grounds mentioned in the application, though there is delay of 5444 days in bringing legal representatives of respondent No.1 on record, the application is allowed in the interest of justice, as prayed. 8.

The applicant-appellant is directed to carry out amendment within a week.

9.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 09/07/2024 19:00:58