Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal And Another v. Prabhavati W/O Chandrashekhar Thakre And Others

2024:BHC-NAG:12924 1 4-CAO-1434-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1434 OF 2024 IN CROSS-OBJECTION (XOB) NO. 59 OF 2021 IN FIRST APPEAL NO. 1191 OF 2018 EXECUTIVE ENGINEER (VIDC), BEMBLA PROJECT DIVISION, YAVATMAL AND ANOTHER Vrs.

PRABHAVATI W/O CHANDRASHEKHAR THAKRE 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 M. A. Kadu, Advocate for appellants.

Shri Amey Motlag, Advocate h/f Shri K. S. Narwade, Advocate for respondent Nos.1 to 6.

Ms.Mukta Kavimandan, AGP for respondent Nos.7 and 8. CORAM: SANJAY A. DESHMUKH, J.

DATE : 27/11/2024.

1.

This is an application for condonation of delay of 416 days caused for filing application for setting aside abatement and for bringing the legal heirs of respondent No.6 on record.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the reasons stated in the application, the application deserves to be allowed, in the interest of justice. Delay of 416 days is condoned. 5.

Application for setting abatement as prayed also deserves to be allowed.

6.

Application is allowed and disposed of.

2 4-CAO-1434-24.odt CIVIL APPLICATION (CAO) NO.1435 OF 2024 7.

This is an application for grant of permission to bring the legal representatives of respondent No.6 on record.

8.

Perused the application.

9.

Heard learned Advocates for both sides.

10.

For the reasons stated in the application, the application deserves to be allowed as prayed 11.

The application is allowed and disposed of.

12.

The cross-objector is permitted to carry out amendment forthwith.

13.

Shri M.A. Kadu, learned advocate for the appellants seeks permission to carry out the amendment in the appeal memo without filing application for bringing the legal representatives of respondent No.6 on record, in the interest of jsutice. His oral application is allowed. He is permitted to carry out amendment forthwith.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 28/11/2024 13:27:34