1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 373 OF 2008 CIVIL APPLICATION NO. 373 OF 2008 CIVIL APPLICATION NO. 373 OF 2008 IN FIRST APPEAL (ST.) NO. 1639 OF 2008 FIRST APPEAL (ST.) NO. 1639 OF 2008 FIRST APPEAL (ST.) NO. 1639 OF 2008 New India Assurance Co.Ltd. ...Appellant (Insurers) Versus Shri Shrikanat Ashok Patil & Ors. ...Respondents Mr. I.R.Kulkarni, Advocate, for the appellant. Mr. T.J.Mendon, Advocate, for respondent No.1. CORAM: J.H.BHATIA,J CORAM: J.H.BHATIA,J CORAM: J.H.BHATIA,J DATED: 17th October, 2008. DATED: 17th October, 2008. DATED: 17th October, 2008. P.C P.C P.C. 1. The record reveals that due to failure of the appellant to serve the respondent Nos. 2, 3 and 4 inspite of the conditional order dated 2.6.2008, the Application was already dismissed as recorded in the order dated 1.8.2008. Thereafter, it appears that the 2 appellant sought time to file additional affidavit of service. That opportunity was granted by order dated 7.10.2008. However, no such affidavit has been filed. In view of this, the matter against respondent Nos. 2, 3 and 4 has been dismissed. The respondent Nos. 1 to 3 are the original claimants and the compensation was awarded in favour of all of them. When the Application seeking condonation of delay for filing the appeal against two of the claimants has already been dismissed, the Appeal cannot survive against respondent No.1. 2. The learned counsel for the appellant as well as the respondent No.1 make a statement that the decree has already been executed. 3. In view of these circumstances, no purpose will be served by allowing the application for condonation of delay and registering the appeal. 4. Therefore, the Civil Application stands dismissed. First Appeal (Stamp) No.1639 of 2008 as well as C.A. No.374 of 2008 for stay do not survive and stand dismissed. 3 (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)