V.I.D.C. Through Executive Engineer, Bembla Irrigation Division, Yavatmal And Another v. Haribhau Mahadev Jumle And Others

2024:BHC-NAG:9440 1 3-CAF-2265-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2265 OF 2024 IN FIRST APPEAL NO. 368 OF 2019 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER Vrs.

HARIBHAU MAHADEV JUMLE 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 J. B. Kasat, Advocate for applicants/appellants. Shri K. J. Topale, Advocate for respondent Nos.1 and 2. Ms. Deepa Charlewar, AGP for respondent Nos.3 and 4. CORAM: SANJAY A. DESHMUKH, J.

DATE : 22/08/2024.

1.

Issue notice to the respondents.

2.

Shri K. J. Topale, learned advocate waives service of notice for respondent Nos.1 and 2. 3.

Mrs. Deepa Charlewar, learned AGP waives service of notice for respondent Nos.3 and 4. 4.

This is an application for setting aside abatement, condonation of delay and bringing legal heirs of respondent No.2 on record.

5.

Perused the application.

6.

Heard learned Advocates for both sides.

7.

Considering the reasons stated in the application, delay of 1540 days caused for filing the application is condoned, in the interest of justice. 8.

The application is allowed as prayed.

2 3-CAF-2265-24.odt 9.

The amendment be carried out within one week.

10.

The application is disposed of.

FIRST APPEAL NO. 368 OF 2019 11.

Shri Topale, learned advocate submits that he has instructions to appear for proposed legal heirs of respondent No.2.

12.

Learned advocate for the appellants seeks two weeks time for filing paper book.

13.

Earlier, there were directions of this Court to file paper book.

14.

Therefore, he seeks two weeks time to file paper book.

15.

Two weeks time is granted to file paper book. 16.

R and P is received. Hence, to comply the directions.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 26/08/2024 14:44:12