Bhojraj Ambalal Sharma (Dead) Thr. His Lrs. Smt. Parvatabai Bhojraj Sharma and Others v. Executive Engineer Bembla Project Division, Yavatmal and Others
Case brief
What is this about?
Bombay High Court (Nagpur Bench), order dated 23.06.2025, Shyam C. Chandak, J., in Civil Application (CAF) No. 615 of 2022 in First Appeal No. 1207 of 2018 — Bhojraj Ambalal Sharma (dead) Thru. Lrs v. Executive Engineer, Bemla Project, Yavatmal and Ors. Condonation of 1167-day delay (delay attributed to Covid-19 pandemic preventing obtainment of death certificate; applicants shown to have good case on merits) in filing application to bring legal heirs of deceased original appellant on record and set aside abatement of the first appeal; companion Civil Application (CAF) No.616/2022 allowed; heirs to be brought on record within two weeks; no statute or precedent cited.
What did the court decide?
Delay of 1167 days in filing the application to bring on record the legal heirs of the deceased-original appellant and to set aside the abatement of First Appeal No. 1207/2018 condoned; Civil Application (CAF) No. 615 of 2022 and Civil Application (CAF) No.616/2022 allowed; applicant directed to bring the legal heirs of the deceased on record within two weeks; applications stand disposed of accordingly.