Executive Engineer, Amravati Irrigation Department, Amravati (Now Amravati Medium Project, Amravati vs Ahmad Kha S/O Bismilla Kha (Abated) and Others — Bombay HC (2025) — LawSathi Research

Executive Engineer, Amravati Irrigation Department, Amravati (Now Amravati Medium Project, Amravati vs Ahmad Kha S/O Bismilla Kha (Abated) and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 135 days in filing the application condoned and abatement of the Appeal against Respondent No.1 set aside (CAF No. 3217 of 2025); Civil Application CAF No. 1813 of 2025 allowed and the Appellant permitted to bring on record the legal representatives of Respondent No.1; necessary amendment to be carried out in the cause-title of the Appeal within ten days from the date of the order; thereafter notice to be issued to the legal representatives of Respondent No.1, returnable after four weeks.

Issue for consideration

Whether the delay of 135 days in filing the application for bringing the legal representatives of Respondent No.1 on record and setting aside abatement of the Appeal against Respondent No.1 should be condoned (Civil Application CAF No. 3217 of 2025). +1 more

Court's answer

For the reasons stated in the Application, which were not controverted, the delay of 135 days caused in filing the Application is condoned and the abatement of the Appeal against Respondent No.1 is set aside.

Ratio / Principle

Since Respondent No.1 expired on 10/2/2016, as informed by the learned Counsel for Respondent No.1 by way of pursis dated 23/9/2022, the right to sue survives in the legal representatives of Respondent No.1.

Key takeaways

Civil Application CAF No. 1813 of 2025 is allowed and the Appellant is permitted to bring on record the legal representatives of Respondent No.1.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Pravin S. Patil, J., 18 September 2025 — In First Appeal (ST) No. 17390 of 2018 (The Executive Engineer, Amravati Irrigation Department, Amravati v. Ahmad Kha Bismilla Kha & Ors.), the Court condoned a 135-day delay in filing the application to bring the legal representatives of Respondent No.1 on record, the reasons stated being uncontroverted, and set aside the abatement of the Appeal against Respondent No.1 (CAF No. 3217 of 2025). In CAF No. 1813 of 2025, noting that Respondent No.1 had expired on 10/2/2016 as informed by his Counsel through pursis dated 23/9/2022, the Court held that the right to sue survived in his legal representatives, allowed the application, permitted the Appellant to bring the legal representatives on record, directed amendment of the cause-title within ten days, and ordered notice to the legal representatives returnable after four weeks.

1/2 20.caf.3217.2025 in caf.1813.2025 in fast.17390.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAF) NO. 3217 OF 2025 IN

CIVIL APPLICATION (CAF) NO. 1813 OF 2025 IN

FIRST APPEAL (ST) NO. 17390 OF 2018

(The Executive Engineer, Amravati Irrigation Department, Amravati V/s Ahmad Kha Bismilla Kha & Ors.)

Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders Appearances, court’s orders or directions and Registrar’s orders

Mr. N. A. Waghmare, Advocate h/f Mr. P. B. Patil, Advocate for Appellant.

Mr. S. S. Shingane, Advocate for Respondent No.1.

Mr. S. B. Bissa, AGP for Respondent Nos.2 & 3.

CORAM : PRAVIN S. PATIL, J. DATE : SEPTEMBER 18, 2025.

CIVIL APPLICATION (CAF) NO. 3217 OF 2025

. By this Application, the Applicant is seeking condonation of 135 days delay in filing the application for bring legal representatives of Respondent No.1 on record and setting aside abatement of Appeal against the Respondent No.1.

For the reasons stated in the Application, which are not controverted, delay of 135 days caused in filing Application is hereby condoned and abatement of Appeal against the Respondent No.1 is set aside.

2/2 20.caf.3217.2025 in caf.1813.2025 in fast.17390.2018.odt

Civil Application stands disposed of accordingly.

CIVIL APPLICATION (CAF) NO. 1813 OF 2025

. By this Application, the Applicant is seeking permission to bring on record the legal representatives of the Respondent No.1 by setting aside the abatement.

Considering the fact that Respondent No.1 is expired on 10/2/2016 and the same was informed by the learned Counsel for Respondent No.1 by way of pursis dated 23/9/2022, it is clear that right to sue to the legal representatives of the Respondent No.1 is survived in the matter.

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

The Appellant is permitted to bring on record the legal representatives of Respondent No.1.

Necessary amendment be carried out in cause-title of the Appeal within a period for ten days from the date of this order.

After the amendment is carried out, issue notice to the legal representatives of Respondent No.1, returnable after four weeks.

[PRAVIN S. PATIL, J.]

vijaya

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 20/09/2025 15:41:48