Union Of India And Representing Central Railways Through Its General Manager, Bombay v. Smt. Kulsumbai Wd/O. Abdullabhai And Others

caf3616.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 1846/2018 IN CIVIL APPLICATION NO.3616/2016 IN F.A.ST.NO.20282/2015 Union of India and representing Central Railways, thr G.M. Mumbai .vs. Smt. Kulsumbai wd/o Abdullabhai and Ors.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Lambat, Advocate for applicant.

Mr. Babrekar,Advocate for non applicant nos.1,2,4 to 8,10(1) to 10 (6). Mr. M. A. Kadu, A.G.P. for respondent nos.11 and 12. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 12, 2018 Heard.

This is an application for permission to deposit the cheque of the decreetal amount and stay. The applicant has stated in detail chronology of events as to why on the earlier occasion the decreetal amount could not be deposited. Further, Mr. Babrekar, Advocate has no objection for allowing the application. Hence, the application is allowed. Applicant is permitted to deposit the cheque of the decreetal amount within 10 days from today. After the amount is deposited, there shall be stay to the execution of the judgment and decree in Land acquisition Case No.78/2004 dated 31.12.2014 dated 03.12.2014. It is made clear that it shall be always open for the original claimants to file appropriate application for withdrawal of the amount.

The application is disposed of.

caf3616.16.odt Civil Application No. 3616/2016 This is an application for condonation of delay. Notices on this application were already issued. Pursuant to the notice, Mr. Babrekar, Advocate appears for respondents-claimants. Mr. Kadu, A.G.P. appears for non applicant nos. 11 and 12.

There is a delay of 183 days for filing the appeal. Mr. Babrekar, Advocate strongly opposed the application. However, after having perused the application and the reply, after hearing them, I am satisfied that a case is made out for condonation of delay. Hence, the application is allowed. The delay is condoned. Office is directed to register the appeal. The application is disposed of.

First Appeal Stamp No.20282/2015 Heard.

ADMIT. Call for the record and proceedings.

Mr. Babrekar, Advocate waives notice for respondent nos.1, 2, 4 to 8, 10(1) to 10(6) and Mr.Kadu, A.G.P. waives notice for respondent nos.11 and 12. JUDGE kahale