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Bombay High CourtCA/1017/2025admittedallowedgrantedrule absolute

Pralhad Kishan Koli (Died) Thr. Lrs Kalpanabai Pralhad Koli (Jadhav) And ANR v. The New India Insurance Co. Ltd., And ANR

2025-04-25Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:12300 1 963(i).CA-1017-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO. 1017 OF 2025 IN FA/81/2004 PRALHAD KISHAN KOLI (DIED) THR. LRS KALPANABAI PRALHAD KOLI (JADHAV) AND ANR

VERSUS

THE NEW INDIA INSURANCE CO. LTD., AND ANR .....

Advocate for Respondent No.1 : Mr. Mohit R.Deshmukh ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25th APRIL 2025 PER COURT :

.

This civil application is for condonation of delay and bringing heirs of applicant-Pralhad Kisan Koli on record. 2.

First appeal is preferred by the insurance company against claimant/Pralhad Kisan Koli. It is the duty of the insurance company to take steps against deceased respondent in first appeal. Now legal heirs of the deceased claimant is coming forward by filing application to bring them on record. The cause of action survives against them. They are necessary parties.

3.

For the reasons stated in the civil application, it is desirable to allow the same.

4.

Civil application is allowed in terms of prayer clause 'B' and 'C'. [ SHAILESH P. BRAHME, J.] vsj..