V.I.D.C., Nagpur Thr. Executive Engineer, Akola Laghu Patbhandhare Dept. Akola And Other v. Purushottam Mahadeo Dohale And Others

2026:BHC-NAG:6829-DB 1 955-FA972.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4795 OF 2025 IN FIRST APPEAL NO. 972 OF 2024 Purushottam Mahadeo Dohale ..VS..

State of Maharashtra & others -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. L. Rathi, Advocate for the appellant.

Mrs. M. S. Naik, AGP for the respondent Nos.1 and 2. CORAM : SMT. M.S. JAWALKAR, AND NANDESH S. DESHPANDE, JJ.

DATED : 30 th APRIL, 1.

Heard.

2.

Present application is filed for setting aside abatement and condonation of delay in bringing legal heirs of deceased appellant on record.

3.

It appears that there is a delay of 3 days in filing application. For the reasons mentioned in para 4 of the application, we are inclined to condoned the delay. Accordingly, 3 days delay in filing application is hereby condoned.

4.

As right to sue is continued, we grant permission to bring on record the legal heirs of deceased appellant Purushottam Mahadeo Dohale.

2 955-FA972.2024 5.

It is contended that Dhiraj Purushottam Dohale is the only legal heir in view of registered Will dated 21.02.2025. 6.

In view thereof, the application is allowed. The abatement is set aside. The name of legal heir is permitted to bring on record in place of deceased appellant. Amendment to be carried out within a period of one week. 7.

The application stands disposed of.

CIVIL APPLICATION (CAF) NO. 1424 OF 2025 IN CROSS OBJECTION NO. 41/2025 IN FIRST APPEAL NO. 972/2024.

1.

The applicant do not want to press this application. 2.

Accordingly, the application stands disposed of as not pressed.

(NANDESH S. DESHPANDE, J.) (M.S. JAWALKAR, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 04/05/2026 12:05:40