The Executive Engineer, Bembla Project Division, Yavatmal v. Rangrao Shymrao Kadam (Dead) Through Lrs Smt. Shakuntalabai Rangrao Kadam And Others

2025:BHC-NAG:9475 1 911 caf2706.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 2706 OF 2025 IN FIRST APPEAL ST. NO. 3080 OF 2023 EXEC.ENGINEER, BEMBLA PROJECT DIVN., YAVATMAL

VERSUS

RANGRAO SHYAMRAO KADAM (Dead) THRU. Lrs SMT. SHAKUNTALABAI AND OTHS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. T. M. Zaheer, Advocate for the appellants. Mr. V. N. Patre, Advocate for respondent no.2 and 3 Mr. H. D. Dubey, A.G.P. for respondent nos.4 and 5 CORAM : M. W. CHANDWANI, J.

DATE : SEPTEMBER 17, 2025.

1.

Heard.

2.

This is an application filed by respondent nos.2 & 3 for deletion of name of respondent no.1.

3.

It is submitted that respondent no.1 has expired on 16.05.2023 and respondent nos.2 and 3, who are son and daughter of deceased respondent no.1, are already on record, who are his only legal heirs. The petitioner has no objection for deletion of name of the deceased respondent no.1.

4.

Accordingly, the application is allowed. The name of deceased respondent no.1 is permitted to be deleted. 5.

Necessary amendment be carried out within one week.

6.

The application stands disposed of.

2 911 caf2706.25.odt Civil Application (CAF) No. 882 of 2023 1.

Heard.

2.

This is an application for condonation of delay of 194 days caused in filing the first appeal.

3.

In view of the reasons mentioned in the application and the no objection given by the learned counsel for respondent nos.2 and 3, the delay caused in filing the first appeal is condoned.

4.

The civil application is allowed and disposed of. 5.

The First Appeal be registered.

Civil Application (CAF) No. 3189 of 2025 1.

Heard.

2.

This is an application filed by respondent nos.2 & 3 seeking permission to withdraw the entire amount deposited by the appellant in this Court.

3.

Considering the grounds raised in the memo of appeal, 75% of the decretal amount deposited by the appellant is permitted to be withdrawn by the respondent nos.2 and 3, on furnishing usual undertaking. 4.

The application is allowed in above terms and disposed of.

(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 20/09/2025 18:47:38