1 CA No.2710/02 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2710 of 2002 IN FIRST APPEAL St.No. 25819 of 2001 WITH FIRST APPEAL St.No. 25819 of 2001 Vijaykumar Rajaram Narale ... Applicant versus (i) Smt.Kundabai Abaji Misal (ii)Sanjay Tukaram Lokhande (iii)The New India Assurance ... Respondents ... Mr.R.S.Darandale i/b R.S.Datar for the applicant Mr.Ranjan Tripathi i/b S.M.Vidyarthi for respondent no.3 CORAM : D.G. KARNIK, J DATED : 23rd February 2011 P.C. 1. This is an application for condonation of delay in filing of an appeal. The appellant (applicant) is the original owner of the motor vehicle. Respondent no.1 is the original claimant. The appeal is directed against an order passed under section 140 of the Motor Vehicle Act in relation to the “no fault liability”. In the circumstances, applicant 2 CA No.2710/02 no.1 (original claimant) is a necessary party to the appeal as well as to the delay condonation application. By reason of a self operative order dated 11 January 2011, the application has been dismissed against the respondent no.1 for non service. In the circumstances, the entire application is required to be dismissed. Accordingly, application for condonation of delay is dismissed. Consequently, First Appeal is also dismissed as barred by limitation. (D.G.KARNIK, J)