The Executive Engineer Medium Project Divison Yavatmal v. Gopichand Bhika Rathod and Others
Case brief
What is this about?
Condonation of 538 days' delay; setting aside and quashing of abatement; bringing legal representatives (L.Rs.) of deceased Respondent No.1(b) on record; survival of right to sue; substitution of deceased party; amendment of cause-title; waiver of notice; Bombay High Court Nagpur Bench; First Appeal No. 1074 of 2017 and First Appeal No. 903 of 2016; The Executive Engineer, Medium Project Division, Yavatmal; Gopichand Bhika Rathod (dead); Ankush Babusingh Rathod; Pravin S. Patil, J.; September 2025.
What did the court decide?
Both Civil Applications allowed: delay of 538 days in filing the application condoned; order of abatement against Respondent No.1(b) quashed and set aside; Appellant permitted to bring the proposed legal representatives of Respondent No.1(b) on record; necessary amendment to be carried out in the cause-title of the Appeal within one week; notices to be issued to the proposed legal representatives, returnable after four weeks (service waived by learned Counsel Mr. Ingole); matter to be listed for further consideration as per its turn.