Smt. Rekha Balasaheb Desai And ORS. v. Shri. Mohanrao Jaywantrao Chavan And ANR.

Shubhada S Kadam 55 IA 1357.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1357 OF 2019 IN FIRST APPEAL NO.953 OF 2019 Rekha Balasaheb Desai and ors.

....Applicants In the matter of Mohanrao Jaywantrao Chavan and anr.

....Appellants versus Rekha Balasaheb Desai and ors.

....Respondents Mr. Yuvraj P. Narvankar, Advocate for the Applicants/Respondents. Mr. Tushar Sonawane, Advocate for the Appellants. CORAM : S. G. DIGE, J.

DATE : 13th DECEMBER, 2022.

P.C. :

1.

Heard learned counsel for the applicants.

2.

Learned counsel for the applicants submits that the applicants are the original claimants. The appellants/original opponents preferred an appeal against the order of the Tribunal. The appeal of the appellants is dismissed by the order of this Court dated 24th September, 2019. No proceedings are filed to restore the said appeal. The applicants are in difficulty, due to paucity of funds. 1/2 SHUBHADA SHANKAR KADAM Date: 2022.12.15 14:47:17 +0530 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 55 IA 1357.2019.doc The applicants have not received the compensation. Deceased was the Karta of applicants' family. Hence, requested to allow the application.

3.

I have heard learned counsel for the applicants. Considering the submissions of learned counsel for the applicants as well as the fact that the appeal is dismissed for non-prosecution on 24th September, 2019, the interim application is allowed and disposed of.

4.

The applicants are permitted to pursue the proceedings of the execution against the insurance company.

(S. G. DIGE, J.) 2/2