1 caf5411,5770-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5411 OF 2007 IN FIRST APPEAL NO. 997 OF 1989 Saraswati Ramji Thakkar .. Applicant V/s. Shivaji Mavji Katri & Ors. .. Respondents ALONGWITH CIVIL APPLICATION NO.5770 OF 2007 IN FIRST APPEAL NO. 358 OF 1986 Saraswati Ramji Thakkar .. Applicant V/s. Dhanbai Mouji Valji & Ors. .. Respondents ..... Mr. G. H. Keluskar for the applicant. ..... CORAM : A. S. OKA, J. DATE : MARCH 9, 2011 P.C.:- Heard the learned counsel appearing for the applicant. These are the applications made invoking Rule 21 of Order XLI of the Code of Civil Procedure, 1908 for setting side the decrees passed in the First Appeals on 23rd March, 2006. The applicant in both the applications did not 2 caf5411,5770-07 remain present when the Appeals were finally heard on 23rd March, 2006. In paragraph Nos.3 to 7 of this applications, reasons have been set out as to why advocate engaged for the applicants could not remain present. Reasons have been also set out as to why the applicant in both the applications could not remain present when the Appeals were called out for the final hearing. The Appeals were decided ex-parte in absence of the applicant in both the applications. There is no reply filed to the applications. Hence, a case is made out for exercising the powers under Rule 21 of Order XLI of the Code of Civil Procedure, 1908. 2. Applications are allowed in terms of prayer clause (a). 3. Appeals shall be placed for final hearing in the week commencing from 11th April, 2011. JUDGE