1 CA 1632/08 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1632 OF 2008 IN FIRST APPEAL (ST) NO. 7154 OF 2008 WITH FIRST APPEAL (ST) NO. 7154 OF 2008 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Ranjan Tripathi i/b Mr. S.M. Vidyarthi for the applicant. CORAM : D.G. KARNIK, J. DATE : 18TH JANUARY 2011 P.C. : 1. Heard learned counsel for the applicant. None present for the respondents. 2. This is an application for condonation of delay of more than 2 months in filing of an appeal. By an order dated 25th July 2008, delay condonation application has been dismissed against respondent no.4. Thereafter the 2 CA 1632/08 applicant has not taken any steps for setting aside of the order which has become final. 3. In my view, the respondent no.4 is a necessary party. The decree was joint and several against the applicant and the respondent no.4. By reason of dismissal, the decree has become final against the applicant and the respondent no.4 who is the owner of the offending vehicle. The liability of the applicant insurance company is in the nature of an indemnity to respondent no.4. Since the decree has become final against respondent no. 4, the entire appeal and the civil application have become infructuous and are dismissed. (D.G. KARNIK, J.)