1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3463 OF 2005 IN FIRST APPEAL (ST ) NO. 14659 OF 2005 THE NEW INDIA ASSURANCE CO.LTD. .. PETITIONERS Versus SMT. MALAN SAMPATRAO TODKAR & ANR... RESPONDENTS Mr. S. M. Vidyarthi for petitioners Mr. S.S. Tambekar for R CORAM:-SMT. RANJANA DESAI & D.B. BHOSALE, JJ. DATED:- 17/1/06 P.C. . Heard learned counsel for the petitioners and learned counsel for respondents 1 to 5. 2. Respondents 6 and 8 are dead and hence are deleted in the trial court. The learned counsel for the petitioners seeks permission to delete them from the petition. Permission granted. Respondent 7 is the insurer of the appellant whom the appellants are indemnifying, hence service to respondent 7 is dispensed with. Respondent 10 is 2 served and respondent 9 is served by affixing. 3. In the circumstances for the reasons stated in the civil application, delay is condoned. Civil application disposed of. (SMT. RANJANA DESAI,J.) (D. B. BHOSALE, J.)