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2026 DAILYLAW 7389 (BOM)

V.I.D.C., THR. EXECUTIVE ENGINEER, BEMBLA PROJECT DIV. YAVATMAL v. PRABHAKAR BHAURAO DAULATKAR (DEAD) AND 2 OTHERS

CAF/3589/2026 · 2026-09-08

body2026

Judgment text

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906.fa.287.14 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3589 of 2026 in First Appeal No.287 of 2014 Vidarbha Irrigation Development Corporation, Yavatmal vs. Prabhakar Bhaurao Daulatkar and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. J.B. Kasat, Advocate for the Applicant/Appellant. Mr. A.B. Nakshane, Advocate for Non-Applicant/Respondent No.1. Mr. G.S. Umale, A.G.P. for Non-Applicant/Respondent Nos.2 & 3. CORAM : Y.G. KHOBRAGADE, J. DATE : 8 th SEPTEMBER, 2 026. Heard the learned Counsel appearing for the applicant, the learned Counsel appearing for non-applicant No.1/claimant and the learned A.G.P. appearing for non-applicant Nos.2 and 3. 02. By the present application, the applicant/acquiring body has put forth prayers in three folds, viz. (i) setting aside the abatement; (ii) condonation of delay of 1260 days; and (iii) permission to bring the legal heirs of deceased non-applicant No.1 on record. 03. During pendency of the appeal, non-applicant No.1/claimant died on 17/06/2019. The legal heirs of deceased non-applicant No.1/ claimant have appeared through their learned Counsel, Mr. Nakshane, who has raised no objection to the present application. 04. Considering the grounds set out in the application, the order of abatement is set aside. The delay of 1260 days caused in preferring the application for bringing the legal heirs of deceased non-applicant No.1 on record is hereby condoned. 2026:BHC-NAG:11968 906.fa.287.14 2/2 05. The applicant/acquiring body is directed to bring the legal heirs of deceased non-applicant No.1/claimant on record. Necessary amendment be carried out within one week from today. 06. Place the matter for final hearing on 29th September, 2026. 07. The application is allowed and disposed of in the aforesaid terms. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 09/09/2026 18:21:00