1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO. 1953 OF 2007 NO. 1953 OF 2007 NO. 1953 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO. 1107 OF 2007 APPEAL NO. 1107 OF 2007 APPEAL NO. 1107 OF 2007 ALONGWITH ALONGWITH ALONGWITH FIRST FIRST FIRST APPEAL APPEAL APPEAL NO.1107 OF 2007 NO.1107 OF 2007 NO.1107 OF 2007 RAMESH RAMESH RAMESH T. LULLA T. LULLA T. LULLA ......... APPLICANT. APPLICANT. APPLICANT. VS. VS. VS. SHAKUNTALA SHAKUNTALA SHAKUNTALA D. NALE & ORS... D. NALE & ORS... D. NALE & ORS... RESPONDENTS. RESPONDENTS. RESPONDENTS. ALONGWITH ALONGWITH ALONGWITH CROSS CROSS CROSS OBJECTION (ST) NO. 16202/07 OBJECTION (ST) NO. 16202/07 OBJECTION (ST) NO. 16202/07 SHAKUNTALA SHAKUNTALA SHAKUNTALA DILIP NALE ... DILIP NALE ... DILIP NALE ... APPLICANT. APPLICANT. APPLICANT. VS. VS. VS. RAMESH RAMESH RAMESH T. LULLA T. LULLA T. LULLA ......... RESPONDENT. RESPONDENT. RESPONDENT. CROSS-OBJECTION CROSS-OBJECTION CROSS-OBJECTION (ST) (ST) (ST) NO. 16204 OF 2007 NO. 16204 OF 2007 NO. 16204 OF 2007 R.T.LULLA R.T.LULLA R.T.LULLA ......... APPLICANT. APPLICANT. APPLICANT. VS. VS. VS. S.D.NALE S.D.NALE S.D.NALE ......... RESPONDENT. RESPONDENT. RESPONDENT. MS. MS. MS. USHA PUROHIT FOR THE APPLICANT. USHA PUROHIT FOR THE APPLICANT. USHA PUROHIT FOR THE APPLICANT. MR. MR. MR. P.N.JOSHI P.N.JOSHI P.N.JOSHI FOR RESPONDENT NO. 1 TO 3. FOR RESPONDENT NO. 1 TO 3. FOR RESPONDENT NO. 1 TO 3. ..... ..... ..... CORAM CORAM CORAM : : : J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. DATE DATE DATE : July 25, 2007. : July 25, 2007. : July 25, 2007. ..... ..... ..... 2 P.C. P.C. P.C. 1.1.1. Heard. Heard. Heard. 2.2.2. As As As the delay in filing the cross objections the delay in filing the cross objections the delay in filing the cross objections isisis condoned, the cross-objections filed by the condoned, the cross-objections filed by the condoned, the cross-objections filed by the Respondent Respondent Respondent - claimants are admitted. Issue fresh - claimants are admitted. Issue fresh - claimants are admitted. Issue fresh notice notice notice to Rspondent No. 4,5 and 6 returnable within to Rspondent No. 4,5 and 6 returnable within to Rspondent No. 4,5 and 6 returnable within six six six weeks. Appellant to take steps to serve the weeks. Appellant to take steps to serve the weeks. Appellant to take steps to serve the Respondent Respondent Respondent Nos. 4,5 and 6. S.O. for six weeks. Nos. 4,5 and 6. S.O. for six weeks. Nos. 4,5 and 6. S.O. for six weeks. 3.3.3. The The The learned Counsel appearing for the learned Counsel appearing for the learned Counsel appearing for the Respondent Respondent Respondent Nos. 1 to 3, who are the original Nos. 1 to 3, who are the original Nos. 1 to 3, who are the original claimants claimants claimants states states states that the claimants have received the that the claimants have received the that the claimants have received the amount amount amount of of of compensation in terms of award. In view of compensation in terms of award. In view of compensation in terms of award. In view of this, this, this, nothing survives in the Civil Application No. nothing survives in the Civil Application No. nothing survives in the Civil Application No. 1953 1953 1953 of 2007 and the same stands disposed of as of 2007 and the same stands disposed of as of 2007 and the same stands disposed of as infructuous. infructuous. infructuous. ..... ..... ..... [J.N.Patel, [J.N.Patel, [J.N.Patel, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]