spb/- 1 ca5558-08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 5558 OF 2008 IN F.A.(ST.) NO. 25809/2008 Oriental Insurance Co. Ltd., ... Applicants/Petitioners. V/s. Jayashree Pandurang Patil & Ors. ... Respondents. --- Mr. S.M.Vidyarthi for the Applicants/Petitioners. Mr. Suresh Patil i/by M/s. Utangale & Co. for the Respondent Nos. 1 &2. Ms. Pratibha Borade i/by M.S.Kumthekar for Respondent No.5. ----- CORAM : D. G. KARNIK, J. DATE : 28th JANUARY, 2011. P.C. 1 Heard the learned counsel for the applicants/ petitioners and respondent nos. 1, 2 and respondent no.5. 2 Respondent no.3 has died long ago. By an order dated 23rd April, 2010 this court directed the applicants to take steps to bring on record the legal heirs of deceased respondent no.3 within 8 weeks. Despite the said order, no steps have been taken. Therefore, the Civil Application against respondent no.3 stood abated. By the very order dated 23.04.2010, the applicants were directed to take steps against the unserved respondents within eight weeks. No steps were taken. Hence, spb/- 2 ca5558-08.sxw by reason of a self operative order dated 23.04.2010, the application stood dismissed also against respondent no.4, who was not served. 3 In view of the fact that the respondent nos. 3 and 4 are necessary parties to the appeal and to delay condonation application, the delay cannot be condoned. The respondent no.3 is a necessary party in as much as there has been final Award in her favour. Since the Award has become final qua respondent no.3 on account of the abatment, the entire civil application for condonation of delay deserves to be dismissed. 4 Accordingly, the civil application is dismissed. [D.G. KARNIK, J.]