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Supreme Court - Daily Orders

Union Of India Ministry Of Defence ... vs Naresh Kumar on 30 November, 2017

Bench: Abhay Manohar Sapre, Navin Sinha

                                                IN THE SUPREME COURT OF INDIA

                                                CIVIL APPELLATE JURISDICTION

                                                CIVIL APPEAL NO. 4291 OF 2009


     UNION OF INDIA & ORS.                                                             Appellant (s)

                                                               VERSUS

     NARESH KUMAR                                                                      Respondent(s)



                                                         O R D E R

At the outset, Mr. Anant Vijay Palli, learned counsel appearing for the respondent, on instructions, submits that the Legal Representatives of the deceased-Subedar Manohar Lal, to whom Special Family Pension was awarded, and which is under challenge in this appeal, have already crossed the permissible age of 25 years to receive such pension any more.

In this view of the matter, we are not inclined to examine the legal issue raised by the petitioners in this appeal and keep the question of law open to be considered in any appropriate case in future.

The appeal is accordingly dismissed as having become infructuous, in the light of the aforementioned statement of learned counsel for the respondent and our observations.

.......................... J.

(ABHAY MANOHAR SAPRE) Signature Not Verified Digitally signed by R.NATARAJAN Date: 2017.12.06 16:46:26 IST .......................... J.

Reason:

(NAVIN SINHA) New Delhi;

November 30, 2017.

ITEM NO.109                  COURT NO.12                         SECTION XIV

                S U P R E M E C O U R T O F               I N D I A
                        RECORD OF PROCEEDINGS

                    Civil Appeal       No(s).    4291/2009

UNION OF INDIA & ORS.                                            Appellant(s)

                                       VERSUS

NARESH KUMAR                                                     Respondent(s)



Date : 30-11-2017 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE NAVIN SINHA For Appellant(s) Mr. A.K. Sanghi, Sr. Adv.
Mr. N.K. Karhail, Adv.
Ms. Sadhna Sandhu, Adv.
Ms. Rashmi Malhotra, Adv.
Mr. M.K. Maroria, AOR Mrs. Anil Katiyar, AOR For Respondent(s) Mr. Anant Vijay Palli, Adv.
Mr. Deepak Goel, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is accordingly dismissed as having become infructuous, in the light of the aforementioned statement of learned counsel for the respondent and our observations in terms of the signed order.
(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER (SH) COURT MASTER (Signed order is placed on the file)