: 1 : 5202-11-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5202 OF 2011 WITH CIVIL APPLICATION NO. 1750 OF 2009 WITH CIVIL APPLICATION NO. 4726 OF 2009 IN FIRST APPEAL (ST) NO. 9471 OF 2009 Zebeda Dastagir Mulani & Ors. .. Appellants v/s. Krishtappa K. & Ors. .. Respondents ......... Mr. Jafar B. Shaikh for the appellants Mr. P.G. Sawant, ‘B’ Panel, AGP for respondent no.4 State in CAF-1750/09 ......... CORAM : A.V. NIRGUDE, J DATE : 14th DECEMBER,2011. P.C. : 1. Heard. The appeal is restored as against respondent no.2. The appeal was dismissed as against respondent no.2 because the appellants could not serve the respondent no.2 within stipulated time. Respondent no.2 is a driver. It is the case of the appellants that it was who caused the accident in question due to his negligence. It is the further case of the appellants that the respondent no.2 who is already served was the employer of the respondent no.2 at the relevant time. The appellants have also moved an application for getting exemption from : 2 : 5202-11-caf=.sxw Court Fee saying that they are indigent. I am inclined to dispensed with the service of notice on the respondent no.2 mainly because his employer the respondent no.1 is already served. The application stands disposed of. Civil Application No. 1750 of 2009 2. Not on board. Taken on Board. As per the earlier order passed by this Court, a report of the Collector of Satara District is received. This report pertains to the financial condition of the appellant’s who is seeking permission of the Court to prosecute this appeal as indigent person. Having regard to the contents of the reports, I am convinced that the appellant deserves the concession sought. The application is allowed in terms of prayer clause (a). Civil Application No. 4726 of 2009 3. Not on board. Taken on Board. Heard. For the reasons mentioned in the application, delay of 32 days caused in the filing of the first appeal is condoned. Appeal be registered. The appeal shall be fixed for admission. R & P be called for. This appeal is likely to be decided finally at admission stage. (A.V. NIRGUDE, J.)