Yasin Abbas Mulla v. Salim Jabbar Bailiff

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.506/2017 Yasin Abbas Mulla ... Applicant.

Vs.

Mr.Salim Jabbar Bailiff & Ors.

... Respondent.

Mr.Shyamsunder Solanke i/b Pratap Patil, advocate for appellant.

Mr.Jitendra S. Chinchambekar I/b Vishwajeet Sagare for respondent no.4.

CORAM

: K.K.TATED, J.

DATED : JUNE 12, 2019.

P.C.

Heard learned counsel for parties.

2.

Though other respondents are duly served, as recorded in earlier order dated 18.4.2017 in Civil application no.3459/2007, no one appeared on behalf of them when the matter is called out.

3.

By this first appeal, appellant/original respondent no.5, owner of the vehicle, is challenging judgment and award dated 25.8.2006 passed by Learned District Judge and Member, Motor Accident Claim Tribunal, Sangli, in M.A.C.petition no.279/1999 holding that, original claimant is entitled total compensation of Rs.41000/- including NFL amount with interest @ 7.5% p.a.

4.

Considering the submissions made by learned counsel for appellant and the impugned judgment and award, I am satisfied Chitra Sonawane 1

that appellant has made out a case for following order. a) Admit.

b) Printing is dispensed with.

c) Appellant to file private paper book within 3 months with copy to other side, failing which the First Appeal shall stand dismissed without further reference to the court.

d) In addition to usual mode of service, appellant is directed to serve the remaining respondents by private notice either by RPAD and/or hand delivery informing them that the matter is admitted and kept for final hearing, and file affidavit of service to that effect, on or before next date.

e) Hearing of first appeal is expedited.

f) Registry is directed to place this matter on board as soon record & proceeding is received from trial court.

g) Mr.J.S.Chinchambekar, learned advocate waives service for respondent no.4.

(K.K.TATED, J.) Chitra Sonawane 2

Chitra Sonawane 3