ash 1 caf-4438.09 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4438 OF 2009 IN FIRST APPEAL ST. NO.26676 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Ranjan Tripathi h/f Shri S.M. Vidyarthi for the Applicant. -- CORAM : A.S.OKA, J. DATE : 26TH JULY, 2011 P.C.: . The Application stands dismissed as against the 2nd Respondent who is the insured. The challenge in an Appeal preferred by the Applicant is on the ground of breach of the terms and conditions of the policy of the insurance. Hence, this Application does not survive as the same stands dismissed as against the 2nd Respondent who is a necessary and proper party. Accordingly, this Application stands dismissed. Civil Application No.4439 of 2009 does not survive and the same is disposed of. (A.S.OKA, J)