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Bombay High CourtIA/11751/2025disposed off

Smt. Vijaymala K. Ubale And ORS. v. Union Of India Through The General Manager, Western Railway, Churchgate, Mumbai

2026-01-22Hon'Ble Shri Justice Jitendra Shantilal Jain1 pages

2026:BHC-AS:3495 Sayyed 35-IA.11751.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11751 OF 2025 IN FIRST APPEAL NO.679 OF 2017 WITH FIRST APPEAL NO.679 OF 2017 Vijaymala K. Ubale & Ors.

...Applicants/Appellants

Versus

Union of India

...Respondent

_____________________________________________________ None for the Applicants/Appellants.

None for the Respondent.

_____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATE :

22 JANUARY 2026 P.C.:

1.

This application is filed belatedly for restoration of the first appeal which came to be dismissed by self-operative order, since paperbook was not filed within one year. 2.

There is a delay of 4 years and 131 days and the reasons given is that the applicants are poor persons with no knowledge of filing the paper-book. In the order dated 29 July 2019, the applicants were represented by the advocate and the paper-book is to be filed by the advocate. Therefore the reasons given that the delay in filing paperbook is because the applicants are poor and illiterate cannot be accepted.

3.

In view of above, the interim application is dismissed. Consequently, First Appeal No.679 of 2017 does not survive and is disposed of.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 23/01/2026 15:25:59