Atmaram Bahu Khopade Died Thr L.Rs. Taramati And ORS v. The Union Of India O Through General Manager Central Railways Csmt Mumbai And ORS

2026:BHC-AUG:15560 1 920 ca 4187.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4187 OF 2026 IN CROSS OBJECTION ST. NO. 9614 OF 2026 IN FIRST APPEAL NO. 669 OF 2026 Atmaram Bahu Khopade Since deceased through his L.rs.

Taramati and others .. Applicants

Versus

The Union of India Through General Manager Central Railways CSMT Mumbai and others .. Respondents Shri Kishor D. Khade, Advocate for the Applicant. Shri Ajay G. Talhar, D.S.G.I. for the Respondent Nos. 1 and 2. Shri A. R. Kale, Addl.G.P. for the Respondent No. 3. WITH CIVIL APPLICATION NO. 4074 OF 2026 IN CROSS OBJECTION ST. NO. 8787 OF 2026 IN FIRST APPEAL NO. 670 OF 2026 Haribhau Rambhau Bahadurge and others .. Applicants

Versus

The Union of India Through General Manager Central Railways CSMT Mumbai and others .. Respondents Shri Kishor D. Khade, Advocate for the Applicant. Shri Ajay G. Talhar, D.S.G.I. for the Respondent Nos. 1 and 2. Shri A. R. Kale, Addl.G.P. for the Respondent No. 3.

2 920 ca 4187.26 CORAM : SHAILESH P. BRAHME, J.

DATE : 10TH APRIL, 2026.

FINAL ORDER :

.

Heard. Issue notice to the respondents. Mr. Ajay Talhar, learned D. S. G. I. waives service for the respondent Nos. 1 and 2 in both matters. Learned Addl. G. P. waives notice for the respondent No. 3 in both matters.

2.

Applicants seek to condone delay of 884 and 1347 days caused in preferring cross objections in first appeals. The applicants are ready to give up interest and statutory benefits for the delayed period, if they succeed in cross objections. 3.

The applications for condonation of delay are contested by the respondents. The averments have not been traversed. There is nothing on record to show any malafides on the part of the applicants in preferring the cross objections belatedly. Applicants shall not be entitled to claim interest and statutory benefits for the delayed period, if they succeed in the cross objections. The applications are allowed. The delay is condoned. Office shall register the cross objections. The civil applications are disposed of.

[ SHAILESH P. BRAHME J. ] bsb/April 26