V.I.D.C. Through Executive Enginner Special Construction Project Division Camp Amravati v. Sukhdeo Tulshiram Chaudhari And Others

2025:BHC-NAG:9021 1 32 caf3158.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 3158 OF 2025 IN FIRST APPEAL NO. 579 OF 2025 VIDC THRU. ITS EXEC.ENGINEER, SPL. CONSTRUCTION PROJECT DIVN., AMRAVATI

VERSUS

SUKHADEO TULSHIRAM CHAUDHARI (Dead) THRU. LRs MALA S CHOUDHARI AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. M. A. Kadu, Advocate for the appellant.

Mr. Abhijeet Deshmukh, Advocate for respondent no.1 Mr. H. D. Dubey, A.G.P. for the respondent nos. 2 and 3. CORAM : M. W. CHANDWANI, J.

DATE : SEPTEMBER 11, 2025.

1.

Heard.

2.

This is an application for condonation of delay in bringing legal representatives of deceased respondent no.1 on record, for setting aside abatement and for bringing legal representatives of deceased respondent no.1 on record.

3.

In view of the reasons mentioned in the application, the delay of 201 days caused in filing application for bringing legal heirs of deceased respondent no.1 on record is condoned.

4.

Since right to proceed in the matter survives against legal representatives of deceased respondent no.1, permission to bring the legal representatives of deceased respondent no.1 on record, is granted. The order of abatement is set aside.

2 32 caf3158.25.odt 5.

Necessary amendment be carried out forthwith. 6.

The application is accordingly allowed and disposed of.

(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 13/09/2025 11:05:06