: 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 FIRST APPEAL NO.772 OF 1988 FIRST APPEAL NO.772 OF 1988 FIRST APPEAL NO.772 OF 1988 The New India Assurance Co.Ltd.,Mumbai ...Appellant V/s. Hariram Uri, Deceased, . Thru’ Sursati Hariram Uri & Ors. ...Respondents Mr.Amit Lathkar, Advocate, h/f. Rajesh Behere, for the Appellant. Mr.D.S. Joshi, Advocate, h/f. A.A. Agarwal and J.R. Kulkarni, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 20TH FEBRUARY, 2008. DATE : 20TH FEBRUARY, 2008. DATE : 20TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. The learned Advocate for the appellant states that the appellant is not pressing Civil Application No.4043 of 2006. The said application was for allowing service of notice to the legal representatives of respondent No.1 by publication. The statement made by the Advocate for the appellant is that the said application is not pressed though an order is already passed on the said application permitting service of notice by publication. The learned Advocate for the appellant has tendered on record a copy of Investigation Report dated 28th November, 2006. : 2 : 2. As Civil Application No.4043 of 2006 is not pressed, the Appeal stands dismissed for non-prosecution as against the legal representatives of the 1st respondent. The 1st respondent in the Appeal was the original claimant in whose favour the impugned Judgment and Award has been passed. 3. In the circumstances, the Appeal does not survive and the same is disposed of. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]