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Bombay High CourtIA/17717/2023allowed

Jagesingh Dubersingh Nayak And ANR v. Union Of India Thr. General Manager

2023-12-22Hon'Ble Shri Justice M. M. Sathaye2 pages

904(2) IA-17717-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WITH INTERIM APPLICATION NO. 17717 OF 2023 IN FIRST APPEAL NO. 1949 OF 2010 by HUSENBASHA RAHAMAN NADAF Date: 2023.12.22 19:25:36 +0530 Jagesingh Dubersingh Nayak And Anr.

...Applicants/ ...Appellants

Versus

Union Of India, Through General Manager, Western Railway

...Respondent

HUSENBASHA RAHAMAN NADAF ***** Mr. Vaneet Khosla, Advocate for Applicants.

Ms. Jyoti Yadav i/sb. Mr. Santosh Kumar, Advocate for Respondent. ***** CORAM : M.M. SATHAYE, J.

DATE : 22nd DECEMBER, 2023 P.C. :

1.

This is an application by the Appellants, for deletion of name of Appellant No. 1 who has expired on 09/11/2018. 2.

Heard learned counsel for both sides. Perusal of the application shows that after the death of Appellant No. 1 (father of deceased), Appellant No. 2 (mother of the deceased and widow of Appellant No.

1) being already on record, is the only person pursuing claim involved in the Appeal arising out of death of their unmarried son. 3.

In view of the said averments, this Interim Application is allowed in terms of prayer clause (b). The name of the Appellant No. 1 is allowed to be deleted from the Cause Title of the Appeal. Husen

904(2) IA-17717-2023.doc Necessary amendment be carried out within a period of 4 weeks from today, with an amended copy being served upon other side simultaneously.

4.

Interim Application is disposed off. All concerned to act on (M.M. SATHAYE, J.) Husen