Bombay High CourtFA/550/2001dismissedrule discharged

Ashabai Suresh Chaudhari And ANR v. Dayaram Harilal Pal And ORS

2015-02-03Hon'Ble Shri Justice M.T. Joshi2 pages

1 47-fa550-01.full.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.550 OF 2001 WITH CIVIL APPLICATION NO.5847 OF 2001 1] Smt. Ashabai Suresh Chaudhari 2] Kumari Kavita Suresh Chaudhari ..Appellants

Versus

1] Dayaram Harilal Pal 2] Lalji Satyanarayan Tiwari, (Appeal is dismissed as against Resp Nos.1 and 2 vide Court's order dt.16-8-2002) 3] The New India Assurance Co.

Ltd., 4] Akhadu Dagdu Chaudhari, 5] Sou. Gojarbai Akhadu Chaudiari ..Respondents -- Mr.N.B.Suryawanshi, advocate for appellants Mr.S.G.Chapalgaonkar, advocate for respondent no.3 Mr.R.C.Patil, advocate for respondent nos.4 and 5 -- CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 03, 2015 PER COURT :

Heard both sides.

2 47-fa550-01.full.odt 2] The appeal has already been dismissed in default as against respondent nos.1 and 2 i.e. driver and owner of the vehicle, long back on 16th August, 2002. The appeal, therefore, cannot be proceeded with in absence of these necessary respondents.

3] The appeal is, therefore, dismissed without any order as to costs.

[M.T. JOSHI, J.] kbp