1 CA No.3163/00 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3163 of 2000 IN FIRST APPEAL St.No. 5523 of 1999 WITH FIRST APPEAL St.No. 5523 of 1999 Shri K. Vadiraj Nagraja ... Applicant versus (i) Mr.Rafael R. Alvares (ii)New India Assurance Co.Ltd. ... Respondents ... Mr. C.M.Lokesh i/b G.S.Hegde for the applicant Mr.Ranjan Tripathi i/b S.M.Vidyarthi for respondent no.2. CORAM : D.G. KARNIK, J DATED : 23rd February 2011 P.C. 1. The appeal has been filed in the year 1999 along with the application for condonation of delay in filing of an appeal. Though moe than 10 years have passed, no steps are taken for service on respondent no.1. By a conditional order dated 11 January 2011, the appellant applicant granted one weeks time to take steps with a further direction that if steps were not taken within a week, the application shall stand 2 CA No.3163/00 dismissed. Despite this no steps were taken. Therefore, the application for condonation of delay stands dismissed. 2. Respondent no.1 is a necessary party to the application for condonation of delay as he is the owner of the vehicle. Only a partial award has been passed in favour of the applicant and he cannot claim any enhancement in the absence of the owner. Hence, civil application is required to be dismissed as a whole and is accordingly dismissed. 3. First Appeal is barred by limitation and since the application for condonation of delay is dismissed, the appeal is dismissed as barred by limitation. (D.G.KARNIK, J)