Santosh S/O Devisingh Chouhan (Died) v. Union Of India, Through The General Manager, Centeral Railway, Mumbai Cst

2024:BHC-NAG:2846 1 06.3 caf709,710.34.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

C IVIL APPLICATION (CAF) NO.

709 and 710 OF 2024 IN FIRST APPEAL NO. 623 OF 2022 SANTOSH S/o DEVISINGH CHOUHAN

VERSUS

UNION OF INDIA, THRU. GENERAL MANAGER, CENTRAL RLY., MUMBAI ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. N. G. Choube, Advocate for the Respondent. CORAM :

G. A. SANAP, J.

DATE :

MARCH , 20 24.

1.

Civil Application (CAF) No. 710/2024 has been made for condonation of 404 days delay caused in filing an application for setting aside abatement of the appeal. Civil Application (CAF) No. 709/2024 has been made for bringing on record the applicants being the legal heirs of deceased appellant.

2.

It is stated that the sole appellant has died on 21.08.2022. The reasons have been stated in the application for delay. In view of the reasons stated in the application, both the applications are allowed.

3.

The delay caused in filing application for setting aside abatement of the appeal is condoned. The abatement of the appeal is set aside. The applicants are allowed to be brought on record instead and in place of the deceased appellant.

2 06.3 caf709,710.34.odt 4.

Necessary amendment be carried out within one week. 5.

Both the civil applications are disposed of. No order as to costs.

( G. A. SANAP, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 07/03/2024 19:42:55