1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO 6485/2009 WITH CIVIL APPLICATION NO 6486/2009 WITH CIVIL APPLICATION NO. 9328/2010 IN FIRST APPEAL STAMP NO. 10577/2009 _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. Milind Patil, Advocate for applicants. Mr.N.P. Bangar, Advocate for respondent No.1. Mr. Girish Rane, Advocate for respondent No.2. Date : 13th August, 2010 1 This application seeks condonation of delay of 22 days in filing of this appeal. The respondents are present before Court who have not filed any reply to the application. The delay thus deserves to be condoned for the reasons mentioned in the application. The application is allowed as prayed for. The delay is condoned. 2 The appeal be registered. 3 The appeal be registered. 4 Record and proceedings be called for. 2 5 There is strong possibility of appeal being disposed of at admission stage. 6 In the mean time, I am inclined to decide Civil Application 9328/2010. This application is made by the respondent / claimant in whose favour the impugned order was passed. The present appeal is really not concerning to the respondents/claimants. The appellant admittedly was the owner of the vehicle which met with the accident resulting into the death of the claimants’ son. The appellant tried to suggest to the Court that before the date of accident, he had sold the vehicle in question to the respondent No.3. If the appellant succeeds in this appeal, the respondent No.3 would be liable to pay the amount of no fault liability. In the mean time, the respondents/ claimants can not be deprived of the amount which is ordered to be paid to them. So, the amount which is deposited by the appellant in this Court should be handed over to the respondent/claimants. In case the appeal succeeds, the Court would certainly direct reimbursement of this amount from the respondent NO.3. The application is allowed as prayed for. The amount be handed over to respondents No.1 and 2 or their advocate. In view of this, 3 execution of impugned order shall remain stayed till disposal of the appeal. C.A. No. 6486/2009 disposed of. Hearing of the appeal be expedited. The appeal can be heard at admission stage finally. [A.V. NIRGUDE, J.] tsk/