: 1 : SD 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.3946 OF 2005 CIVIL APPLICATION NO.3946 OF 2005 CIVIL APPLICATION NO.3946 OF 2005 IN IN IN FIRST APPEAL (ST.) NO.12586 OF 2003 FIRST APPEAL (ST.) NO.12586 OF 2003 FIRST APPEAL (ST.) NO.12586 OF 2003 The New India Assurance Co. Ltd.,Mumbai ...Applicant V/s. Rupali Ashok Khedkar & Ors. ...Respondents Ms.Pratibha Chalke, Advocate, i/b. Pradeep Shukla, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant. None appears for respondent Nos.1 to 4. Application stands abated as against respondent No.5. 2. Sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). 3. It is clarified that the First Appeal also stands abated as against respondent No.5. 3. Appeal shall be listed for admission immediately after the same is registered. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]