Rauf Khan Usman Khan Pathan And Another v. Namdeo Maroti Bhusal And Others

1 CA 2696 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.2696 of 2014 In First Appeal No.41 of 1994 Rauf Khan s/o Usman Khan Pathan And Another.

.. Applicants.

Versus

Namdeo s/o Maroti Bhusal And Others. .. Respondents. -------- Smt. A.N. Ansari, Advocate, for applicants.

Shri. P.R. Katneshwakar, Advocate, for respondent Nos.1 and 2.

---------- CORAM: T.V. NALAWADE, J.

DATE : 8th DECEMBER 2015 ORDER:

1) The application is filed for setting aside the order of dismissal of appeal for non prosecution made by this Court and for restoration of the first appeal. The first appeal is filed by the owner against the judgment and award of the Tribunal by which the Tribunal has exonerated the Insurance Company and liability is

2 CA 2696 of 2014 fastened on the owner. Only claimants have turned up. Though insurance company is represented by one counsel, today nobody has turned up for the insurance company. 2) In view of the contentions made in the application and the submissions made, the application is allowed. The order of dismissal of appeal is set aside. First appeal is restored to its original number. As some respondents have not turned up, notice in the first appeal against the said respondents made returnable on 12th January 2016. Learned counsel appearing for original claimants waives notice. Notice is to be sent to other respondents.

Sd/- (T.V. NALAWADE, J. ) rsl