Nilabai Wd/O. Devram Koli And Others v. The Union Of India, General Manager Central Railway, Mumbai

2024:BHC-NAG:10611 1 20-caf-2547-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2547 OF 2024 IN FIRST APPEAL ST. NO. 12315 OF 2024 NILABAI WD/O DEVRAM KOLI AND OTHERS Vrs.

UNION OF INDIA -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Sumesha Chaudhari, Advocate for applicants/appellants. Ms. Neerja Chaubey, Advocate for respondent-sole. CORAM: SANJAY A. DESHMUKH, J.

DATE : 23/09/2024.

1.

This is an application for permission to file appeal on behalf of legal representatives of appellant No.2, who died on 20/10/2018.

2.

Perused the application as well as Death Certificate of Appellant No.2 - Dnyaneshwar s/o Devram Koli.

3.

Considering the reasons stated in the application, the application deserves to be allowed, in the interest of justice.

4.

Application is allowed and disposed of.

CIVIL APPLICATION (CAF ST.) NO. 12316 OF 2024 5.

Issue notice to the respondents.

6.

Ms. Neerja Chaubey, learned advocate waives service of notice for respondent-sole.

2 20-caf-2547-24.odt 7.

This is an application for condonation of delay of 1365 days caused for filing first appeal. 8.

Perused the application.

9.

Heard learned advocats for both sides.

10.

Considering the reasons stated in the application, it appears that delay is not deliberately caused.

11.

Considering the nature of this litigation as well as peculiar set of facts, the aplication deserves to be allowed, in the interest of justice.

12.

Application is allowed and delay of 1365 days is condoned.

13.

Application is disposed of.

FIRST APPEAL ST. NO. 12315 OF 2024 14.

Issue notice to the respondents.

15.

Ms. Neerja Chaubey, learned advocate waives service of notice for respondent-sole.

16.

Admit.

17.

Call for Record and Proceedings.

18.

Filing of paper book is dispensed with subject to condition that necessary documents be provided to the learned advocate for the respondent.

19.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 24/09/2024 11:38:15