Vidarbha Irrigation Development Corporation, Thr. Exe. Eng. Lower Wardha Canal, Wardha v. Ashok Govindrao Gangamwar And 2 Others

1/2 5.caf.2695.2024 aw caf.3053.2025 in fa.533.2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2695 OF 2024 WITH CIVIL APPLICATION (CAF) NO. 3053 OF 2025 IN FIRST APPEAL NO. 533 OF 2013 (VIDC, Wardha V/s Ashok Govindrao Gangamwar & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. A. S. Athalye, Advocate for Appellant.

Mr. H. D. Futane, AGP for Respondent Nos.2 & 3. --------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : SEPTEMBER 08, 2025.

CIVIL APPLICATION (CAF) NO. 2695 OF 2024 .

In view of subsequent Civil Application filed by the Appellant, the present Application is not pressed. Accordingly, Civil Application is disposed of, as not pressed.

CIVIL APPLICATION (CAF) NO. 3053 OF 2025 .

By this Application, the Appellant is seeking condonation of 509 days delay in setting aside the abatement and bringing legal representative of the deceased Respondent No.1 on record.

2.

For the reasons stated in the Application, which are

2/2 5.caf.2695.2024 aw caf.3053.2025 in fa.533.2013.odt not controverted by the Respondents, Civil Application is allowed. The delay of 509 days is hereby condoned.

3.

The order of abatement against the Respondent No.1 is hereby quashed and set aside.

4.

The Appellant is directed to carry out necessary amendment in cause-title of the Appeal within a period of one week from today.

5.

After the amendment is carried out, list the present Appeal along with First Appeal Nos. 444/2013, 721/2013, 722/2013 and 724/2013 on 15th September, 2025. [PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 09/09/2025 10:58:21