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Bombay High CourtCA/15209/2015admittedallowedgrantedrule absolute

Trimbak Vishwanath Chikate Died His Lrs Padminbai And Others v. The Chief Engineer(Construction) Central Railway, Mumbai And Others

2015-11-24Hon'Ble Shri Justice A.M. Badar1 pages

ca.15209.15.doc - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15209 OF 2015 IN FA/200/2014 TRIMBAK VISHWANATH CHIKATE DIED HIS LRS PADMINBAI AND OTHERS

VERSUS

THE CHIEF ENGINEER(CONSTRUCTION) CENTRAL RAILWAY, MUMBAI AND OTHERS .....

Advocate for Applicants : Mr. S. S. Halkude.

Advocate for Respondent No.1 : Mr. D.V. Soman. AGP for Respondent No.3 : Mr. N.B. Patil.

CORAM : A.M. BADAR, J.

DATE : 24.11.2015 ORDER :

1] This is an application for condonation of delay in bringing legal heirs after setting aside an abatement. 2] Heard. The learned counsel appearing for nonapplicant objects the application by contending that the delay is not explained.

3] Rights to sue survives and therefore the application deserves to be allowed in terms of prayer clause "B" and "C". Hence, the same is allowed and disposed of.

[A.M. BADAR] JUDGE.

Tandale/-ca.15209.15.doc