V.I.D.C. Thr Exe. Eng. Medium Project Division, Nagpur v. Champan @ Champat S/O Purnaji Rakshit And Others

1/2 8.ca.4139.2025 in fa.482.2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4139 OF 2025 IN FIRST APPEAL NO. 482 OF 2010 (VIDC, Nagpur V/s Champhan @ Champat Purnaji Rakshit & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vinay Dahat, Advocate h/f Mr. J. B. Kasat, Advocate for Appellant.

Mr. C. R. Najbile, Advocate for Respondent Nos.1(a) and 1(b).

Mr. Mr. S. C. Joshi, AGP for Respondent Nos.2 and 3.

--------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : NOVEMBER 19, 2025.

CIVIL APPLICATION (CAF) NO. 4139 OF 2025 .

By this Application, the Appellant is seeking to set aside the abatement of Appeal against the Respondent No.1, who was expired on 4/2/2019 and further to condone the delay of 1200 days in preferring the present Application. 2.

The learned Counsel who was appearing for the deceased Respondent No.1, is having instructions to appear on behalf of the legal heirs of the deceased Respondent No.1. 3.

Hence, for the reasons stated in the Application, Civil Application is allowed.

2/2 8.ca.4139.2025 in fa.482.2010.odt 4.

The abatement of Appeal against the Respondent No.1 is set aside and delay of 1200 days caused in preferring this Application is hereby condoned.

5.

The Appellant is permitted to bring on record the legal representatives of the Respondent No.1, as mentioned in paragraph No.3 of the Application.

6.

Necessary amendment in cause-title of the Appeal be carried out within a period of two weeks from today. 7.

After carrying out amendment, issue notice to the newly added Respondents, returnable after two weeks. 8.

The learned Counsel Mr. C. R. Najbile waives service of notice on behalf of the newly added Respondents. 9.

List the matter after two weeks.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 19/11/2025 20:21:42