907.fa.297.14 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3556 of 2026 with Civil Application [CAF] No.3555 of 2026 in First Appeal No.297 of 2014 Vidarbha Irrigation Development Corporation, Khamgaon vs. Radhabai Piraji Jadhav (Dead), through L.Rs. 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. P.B. Patil, Advocate for the Applicant/Appellant. Mr. G.S. Umale, A.G.P. for Non-Applicant/Respondent No.2. Mr. S.S. Dalvi h/f Mr. N.B. Kalwaghe, Adv.for Non-Applicant/Respondent Nos.3 to 8. CORAM : Y.G. KHOBRAGADE, J. DATE : 8 th SEPTEMBER, 2 026. Heard the learned Counsel appearing for the respective parties. 02. By filing these applications, the applicant/acquiring body seeks condonation of delay of 281 days caused in preferring the application for bringing the legal heirs of non-applicant No.5 on record, setting aside the abatement and permission to bring the legal heirs of non-applicant No.5 on record. 03. According to the applicant, non-applicant No.5 died on 23/08/2025 during the pendency of the appeal. However, the learned Counsel for non-applicant No.5 filed a pursis on 29/07/2026 informing the Court about the death of non-applicant No.5 during the pendency of the appeal. Therefore, the application for condonation of delay has been filed within the prescribed period of limitation from the date of knowledge of the death. However, there is a delay of 281 days from the date of knowledge of death of deceased non-applicant No.5. 2026:BHC-NAG:11973 907.fa.297.14 2/2 04. The learned Counsel appearing for the legal heirs of deceased non-applicant No.5 has raised no objection to the applications. 05. Considering that the cause of action survives and that non- applicant No.5/claimant died during the pendency of the appeal, the delay of 281 days caused in preferring the application for bringing the legal heirs of non-applicant No.5 on record is hereby condoned. The abatement is set aside. 06. The applicant/acquiring body is directed to bring the legal heirs of deceased non-applicant No.5/claimant on record. Necessary amendment be carried out within one week from today. 07. The applications are allowed and disposed of in the aforesaid terms. First Appeal No.297/2014: The learned Counsel appearing for non-applicant Nos.3 to 8 waives service of notice on behalf of the legal heirs of non-applicant No.5. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 09/09/2026 18:29:16