1 2 caf.2760.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2760 OF 2011 WITH CIVIL APPLICATION NO. 2528 OF 2011 AND REVIEW PETITION NO. 10 OF 2008 IN FIRST APPEAL NO. 584 OF 1989 Jethalal Bhanji Padia (Since deceased) 1a. Mrs. Vijayben Jethalal Padia and others. ... Applicants Versus Laxminarayan Ramchandra Bhattad and others. ... Respondents ----- Mr. Ashuosh Singh i/b Mr. Vikrant Narkar for the Applicants. Mr. N.V.Vimadalal for the original Appellants. ----- CORAM : A.S.OKA, J. DATE : 08 th July, 2011. P.C. . Not on board. Taken on board. 2 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for the original Appellants. 3 The Appellants are the original Plaintiffs. The First Appeal 2 2 caf.2760.11 preferred by the Appellants was allowed by the judgment and order dated 10 th February, 2004. The Respondents in the Appeal preferred Review Petition No.10 of 2008. By the order dated 9 th September, 2009, the Review Petition was allowed and by setting aside the judgment, the First Appeal was restored. 4 It appears that the Review Petitioner (Respondent in the First Appeal) died on 14 th May, 2005. When the Review Petition was heard, this fact was not brought to the notice of the Court. In fact, the Review Petition could not have been disposed of as the Review Petitioner had died and the Review Petition stood abated. 5 The learned counsel appearing for the Appellants states that instead of delaying the matter further, the Appellants have no objection if the order passed in the Review Petition is recalled and the legal heirs of the Review Petitioner are permitted to be brought on record of the Review Petition. He has no objection if the Review Petition is allowed by maintaining the order of costs, which was passed in the Review Petition. 3 2 caf.2760.11 He prays that the Appellants be permitted to bring the legal representatives of the deceased – Respondent on record in the Appeal. The learned counsel appearing for the Applicants has no objection for adopting the said course. 6 Hence, I pass the following order: i. The impugned judgment and order dated 9 th September, 2009 passed in Review Petition No.10 of 2008 is recalled and the Review Petition is restored ; ii. Permission is granted to bring the legal representatives of the Review Petitioner on record by amending the Review Petition ; iii. The Review Petition is allowed by recalling the judgment and order dated 10 th February, 2004 ; iv. As per the order dated 9 th September, 2009, the original Review Petitioner has paid costs of Rs.15,000/- to the Appellants and costs of Rs. 10,000/- to the Maharashtra State Legal Services Authority. The amounts paid shall be treated as costs of the Review Petition ; v. The Appellants are permitted to bring on record of 4 2 caf.2760.11 the First Appeal, the legal heirs of the Respondent in the Appeal, who are the Applicants in Civil Application No.2760 of 2011 ; vi. The Appellants shall carry out amendment to the memorandum of Appeal within a period of one week from today ; vii. The learned counsel appearing for the Applicants in Civil Application No.2760 of 2011 waives service of notice of the Appeal on behalf of the legal representatives of the Respondents ; viii. The First Appeal shall be added to the final hearing board of the week commencing from 25 th July, 2011; ix. The Civil Application No.2760 of 2011 and the Civil Application No.2528 of 2011 are disposed in above terms ; and x. Review Petition No.10 of 2008 is also disposed of accordingly. [ A.S.OKA, J ]