Manohar S/O Wasudeo Badwaik And Others v. State Of Maharashtra Public Works Dept. Bombay Through Secretary And Others

2025:BHC-NAG:10915 1 902 caw2089.25+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NOS. 2089, 2088 and 2087 OF 2025 IN WRIT PETITION NO. 4222 OF 2013 MANOHAR S/o WASUDEO BADWAIK AND OTHERS

VERSUS

STATE OF MAH., THRU. P.W.D., MUMBAI AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. Bhavya Dhruv, Advocate h/f Mr. H.D.Dangre, Advocate for the petitioners.

Mr. H. D. Dubey, A.G.P. for respondent no.1 Mr. Rushikesh Bhoyar, Advocate h/f Mr. K. P. Mahalle, Advocate and Mr. Abhineel Kuradkar, Advocate h/f Mrs. U.A.Patil, Advocate for respondent nos.2 and 3.

CORAM : M. W. CHANDWANI, J.

DATE : OCTOBER 14, 2025.

1.

Heard.

2.

By these civil applications, the petitioners seek condonation of delay in filing application for bringing legal representatives of deceased petitioner nos.6, 8, 9, 22 and 26, for setting aside abatement order and for permission to bring legal heirs of deceased petitioner nos.6, 8, 9, 22 and 26 on record.

3.

Considering the submissions of the learned counsel appearing for the petitioners, the reasons mentioned in the application as well as the no objection of the learned counsel appearing for the resopndents and the fact that the proceedings are before the High Court where the parties hardly attend the dates of the proceeding unlike in the trial Court, the delay caused in filing application for

2 902 caw2089.25+.odt bringing legal heirs of deceased petitioner nos.6, 8, 9, 22 and 26 on record, is condoned.

4.

Since, right to proceed in the matter survives in favour of the applicants/legal heirs of deceased petitioner nos.6, 8, 9, 22 and 26, the order of abatement is set aside. The names of the the applicants/legal heirs of deceased petitioner nos.6, 8, 9, 22 and 26 are permitted to be brought on record.

5.

Necessary amendment be carried out within two weeks from today.

6.

The civil applications are allowed and disposed of. (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 15/10/2025 11:00:39