1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A. F. Nos. 501/2011 and 502/2011 in First Appeal No.206/1992 Smt. Sunanda wd/o vijay Kantute and others Vs. Food Corporation of india and another. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S. R. Deshpande, Advocate for the appellants/applicants. Mr. P. P. Mahalle , Advocate for the respondents. CORAM : R.M. SAVANT, J. DATED :28/2/2011. By the above civil applications, the applicants, who are original heirs of one Vijayrao Kantute, who was the original respondent in the above First Appeal which was filed by the Food Corporation of India i. e. non-applicant no.1. By Civil Application No. 501/2011 the applicants seek setting aside of the ex-parte judgment and decree dated 27.7.2009 and by the Civil Application No.502/2011 they seek condonation of delay, if any, in filing the above civil application. It is the case of the applicants that they were not aware of their father filing the Special Civil Suit no.102/1981 which had been decreed in favour of their father in 1992 by the learned Civil Judge, Senior Division, Amravati. It is 2 further their case that they were not aware of filing of the above First Appeal against the judgment and decree which was in favour of their father. It is their case that said Vijayrao Kantute died on 24.4.2005 and since they were not aware of filing of the above First Appeal and since the applicant no.1 is a house wife and the applicant nos.2 and 3 were minor at the relevant time, they were not in a position to inform the Advocate. The First Appeal had consequently on the death of said Vijayrao Kantute abated. Oblivious of the said abatement, the First Appeal came to be decided and decreed against the said Vijayrao on 27.7.2009. The applicants, therefore, seek setting aside of the said decree on the grounds as afore-stated. The civil application No.501/2011 has been filed invoking Order 41 Rule 21 of the Code of Civil Procedure. The original appellant i. e. Food Corporation of India has also filed Civil applications for bringing the heirs of the said Vijayrao Kantute on record, for condonation of delay, and for setting aside the abatement the said civil applications, would be dealt with independently. In my view, considering the reasons mentioned in the above civil applications, for condonation of delay and for 3 setting aside the exparte judgment and decree dated 27.7.2009 the same are required to be allowed and are accordingly allowed. The judgment and decree dated 27.7.2009 passed in the above First Appeal is resultantly set aside. The First Appeal is restored to file. Civil Application (F) No.2304/2010 and 2303/2010 In view of the order passed in civil Applications (F) Nos. 501/2011 and 502/2011, which civil applications were filed by the heirs of the original respondent Shri Vijayrao Kantute, no separate orders are necessary to be passed in the above civil applications. The civil applications are therefore disposed of in the light of the order passed today in the aforesaid Civil Application (F)Nos. 501/2011 and 502/2011. Civil Application (F) No.2302/2010 By the above civil application, the applicants/appellants seek to bring on record the heirs of original respondent Shri Vijayrao Kantute. In view of the order passed in Civil Applications (F) Nos. 501/2011 and 502/2011, the above civil application is required to be allowed and is accordingly allowed. The heirs of original respondent Vijayrao Kantute resultantly are brought on record. 4 The learned counsel Shri Mahalle appearing for the legal heirs of the original respondent Vijayrao Kantute states that though there are only two heirs mentioned in the above civil application, there is one more heir, whose name is Jayant Vijayrao Kantute. Hence, apart from the two heirs mentioned in the civil application, Shri Jayant Vijayrao Kantute also to be brought on record. The learned counsel for the applicants/appellants to carry out the amendment in the cause title of the First Appeal within two weeks from date. The amended cause title to be served on the learned counsel for the heirs of the said Vijayrao, who are now joined as respondents. Shri Mahalle, learned counsel waives notice on behalf of the heirs. Copy of the private paper book be supplied to Shri Mahalle, learned counsel for the respondent by Shri Deshpande, learned counsel for the appellants. List the First Appeal for final hearing in the week commencing from 28th March, 2011. Civil Application is accordingly disposed of. JUDGE Ambulkar