Allowed

Executive Engineer, Minor Irrigation Division, Pusad v. Kisan Fulsingh Rathod and Others

Bombay HC20 Mar 2024CAF/880/2024

Case brief

AI extract

What is this about?

The Court condoned a delay of 1567 days in filing an application to set aside abatement due to the death of the original respondent and permitted the applicant to implead the deceased's legal representatives.

What did the court decide?

Condoned delay of 1567 days in filing application for setting aside abatement and permitted bringing legal representatives of respondent no.1 on record.

Executive Engineer, Minor Irrigation Division… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

2024:BHC-NAG:3422

¶2

¶3

17-CAF-880-2024

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

¶5

CIVIL APPLICATION NO. 880 OF 2024 IN FIRST APPEAL NO. 1255 OF 2017

¶6

(The Executive Engineer, Minor Irrigation Division, Pusad Vs. Kisan Fulsingh Rathod & Ors.)

¶7

Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions
and Registrar's Orders.

¶8

Court's or Judge's orders.

¶9

Shri Amit M. Kukday, Counsel for the applicant/appellant.
Shri Aniket Kesharwani h/f Shri S.P. Kshirsagar, Counsel for
LRs of respondent no.1.

¶10

Shri M.A. Kadu, A.G.P. for respondent nos. 2 and 3.

¶11

CORAM : ANIL L. PANSARE, J. MARCH 20, 2024.

¶12

By present application, the applicant is
seeking to condone delay of 1567 days in filing
application for setting aside abatement against
respondent no.1.

¶13

2]The learned Counsel for the applicant states
that the applicant came to know of death of respondent
no.1 on 19/10/2023 when pursis to that effect was filed
indicating that respondent no.1 has expired on
30/6/2019.

¶14

3]Thus, there is a valid reason for not filing
application in time.

¶15

4]The learned Counsel for the legal
representatives of respondent no.1 has no objection, if the
application is allowed.

¶16

5]In view of above and for the reasons set out
in the application, the same is allowed. Delay of 1567

¶17

¶18

17-CAF-880-2024

¶19

days in filing application for setting aside abatement
against respondent no.1 is condoned.

¶20

6]The Civil Application is disposed of.

¶21

CIVIL APPLICATION NO. 881/2024

¶22

7]By present application, the applicant is
seeking to bring on record the legal representatives of
respondent no.1.

¶23

8]The learned Counsel for the legal
representatives of respondent no.1 has no objection, if the
application is allowed.

¶24

9]In view of above and for the reasons set out
in the application, the same is allowed. The applicant is
permitted to bring on record the legal representatives of
respondent no.1. Amendment be carried out within seven
working days. Amended copy be served on the other side.

¶25

10]The Civil Application is disposed of.

¶26

 (ANIL L. PANSARE, J.)

¶27

Sumit

Executive Engineer, Minor Irrigation Division, Pusad v. Kisan Fulsingh Rathod and Others

Case brief

What is this about?

What did the court decide?

Executive Engineer, Minor Irrigation Division, Pusad v. Kisan Fulsingh Rathod and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chagan Sahebrao Bhutekar and Another Vs the State of Maharashtra through Collector, Buldhana and Others

Gajanan Babarao Bande Vs the State of Maharashtra through Its Collector, Yavatmal and Others

Mandabai Shyamlal Mohone and Others Vs Gajanan Vishwanathrao Dhusan

Executive Engineer, Minor Irrigation Department, Wardha Vs Ramdas S/O Sitaram Raut and Others

V. I. D. C. through Its Executive Engineer, Bembla Project Division, Yavatmal Vs Smt. Sulochana Narayan Jirapure and Others

Executive Engineer, Minor Irrigation Division, Pusad Vs Kisan Fulsingh Rathod and Others