Mankarna Wd/O. Shankar Mali (Daughter Of Ramchandra Kakde) v. Union Of India, Through The General Manager, South Central Railway, Secunderabad
2024:BHC-NAG:7551 1 25-CAO No.825.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 825 OF 2024 IN MISC. CIVIL APPLICATION (ST.) NO. 8458 OF 2024 IN FIRST APPEAL (ST.) NO. 10651 OF 2016 (D) Smt. Mankarna Wd/o Shankar Mali (Daughter of Ramchandra Kakde) ..VS..
Union of India through General Manager, South Central Railway, Secunderabad --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. P.A. Thakre, Advocate for applicant/appellant. Mr. C.J. Dhumane, Advocate for respondent.
CORAM : SANJAY A. DESHMUKH, J.
DATED : 16 th JULY, 2024 1.
Issue notice to the respondent.
2.
Mr. C. J. Dhumane, learned Advocate waives service of notice on behalf of respondent.
3.
This is an application for condonation of delay of 2077 days caused for filing application for restoration of First Appeal (St.) No.10651 of 2016.
4.
Perused the application.
5.
The learned Advocate for the respondent strongly opposed the application.
6.
Heard learned Advocates for both sides.
7.
For the reasons stated in the application, the application is allowed in the interest of justice. Delay of 2077 days caused for filing application for restoration of First Appeal (St.) No.10651 of 2016 is condoned. It is
2 25-CAO No.825.2024 clarified that if the appeal is allowed, the appellant will not be entitled the interest of delayed period as per the judgment passed in New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma, reported in 2022(16) Scale 653.
8.
The application is disposed of.
MISC. CIVIL APPLICATION (ST.) NO. 8458 OF 2024 1.
Issue notice to the respondent.
2.
Mr. C. J. Dhumane, learned Advocate waives service of notice on behalf of respondent.
3.
This is an application for restoration of First Appeal (St.) No.10651 of 2016.
4.
Perused the application.
5.
The learned Advocate for the respondent strongly opposed the application.
6.
Heard learned Advocates for both sides.
7.
Considering the reasons stated in the application, the application is allowed in the interest of justice. 8.
The learned Advocate for the applicant/appellant is directed to remove the office objections within a period of one week. After the removal of office objections, the appeal be registered.
9.
The application is disposed of.
(SANJAY A. DESHMUKH, J.) Kirtak